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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-24a/355/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 24A - Act to Provide the Isolated and Remote Communities of Puerto Rico with Telecommunications Infrastructure and Telephone Services (§§ 351 — 355)›§ 355 - Applicable federal laws and regulations
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 24A - Act to Provide the Isolated and Remote Communities of Puerto Rico with Telecommunications Infrastructure and Telephone Services (§§ 351 — 355) › § 355 - Applicable federal laws and regulations
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The provisions of this chapter shall be subject, where appropriate, to strict compliance with the Federal Telecommunications Act of 1996 and the applicable federal regulations promulgated by the Federal Communications Commission.
History —Nov. 14, 2006, No. 246, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25/401/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25 - Telephone Authority (§§ 401 — 425)›§ 401 - Short title
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25 - Telephone Authority (§§ 401 — 425) › § 401 - Short title
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This chapter may be cited as the “Puerto Rico Telephone Authority Act”.
History —May 6, 1974, No. 25, Part 1, p. 136, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25/402/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25 - Telephone Authority (§§ 401 — 425)›§ 402 - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25 - Telephone Authority (§§ 401 — 425) › § 402 - Definitions
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The following words and terms whenever used or referred to in this chapter, shall have the meaning indicated hereinbelow, except when the context clearly indicates otherwise:
Authority.— Shall mean the Puerto Rico Telephone Authority created by this chapter, and all its subsidiaries.
Bank.— Means the Government Development Bank for Puerto Rico, created by §§ 551 et seq. of Title 7.
Board of Directors.— Shall mean the Board of Directors of the Puerto Rico Telephone Authority.
PRTC.— Shall mean the Puerto Rico Telephone Company or any corporation that succeeds it, and its subsidiaries.
History —May 6, 1974, No. 25, Part 1, p. 136, § 2; June 8, 1978, No. 3, p. 374, § 1; Jan. 21, 1987, No. 7, p. 934, § 1; Sept. 12, 1996, No. 215, § 1; June 24, 1998, No. 94, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25/404/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25 - Telephone Authority (§§ 401 — 425)›§ 404 - Creation; Governing Board
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25 - Telephone Authority (§§ 401 — 425) › § 404 - Creation; Governing Board
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A body corporate and politic is hereby created which shall constitute a public corporation and government instrumentality of the Commonwealth of Puerto Rico, which shall be known as the Puerto Rico Telephone Authority.
The Authority shall be attached to the Bank, but shall have a juridical existence and personality separate and independent from that of the Bank and of any official of the Bank.
The Board of Directors shall consist of five (5) members. The President of the Bank shall be the President of the Board of Directors and the Executive Director of the Authority. The remaining four (4) members of the Board shall be appointed by the Bank’s Board of Directors from among its members. The Board of Directors shall appoint a Vice President from among its members. The Secretary of the Board of Directors of the Bank shall be, at the same time, Secretary of the Board of Directors. The President of the Bank shall not receive any remuneration as President of the Board of Directors nor as Executive Director of the Authority.
The Executive Director shall be in charge of the general administration of the Authority and shall supervise all the officials, employees and agents thereof [and] he/she shall also exercise all those other powers and duties that the Board of Directors assigns to him/her.
History —May 6, 1974, No. 25, Part 1, p. 136, § 4; Sept. 12, 1996, No. 215, § 3; renumbered as § 3 and amended on June 24, 1998, No. 94, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25/404a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25 - Telephone Authority (§§ 401 — 425)›§ 404a - Officials and employees
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25 - Telephone Authority (§§ 401 — 425) › § 404a - Officials and employees
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Appointments, removals, promotions, transfers, resignation, reinstatements, suspensions, leaves and steps, compensations or titles of the officials and employees and/or any other transaction of the Authority shall be carried out and permitted, as provided in the rules and regulations to be established by the Board of Directors and in compliance with the general plan in effect for the employees of the Government of Puerto Rico, pursuant to §§ 274 et seq. of Title 18, to the extent that the Executive Director deems that this plan is consistent with the best interests of the Authority and its employees. The officials and employees of the Authority shall be entitled to reimbursement, or in lieu thereof, to the payment of per diems, for those necessary travel expenses as authorized or approved in compliance with the rules and regulations established by the Board of Directors.
History —May 6, 1974, No. 25, Part 1, p. 136, added as § 4 on June 24, 1998, No. 94, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25/407/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25 - Telephone Authority (§§ 401 — 425)›§ 407 - General powers
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25 - Telephone Authority (§§ 401 — 425) › § 407 - General powers
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The Authority shall enjoy all the powers that are necessary or convenient to carry out and execute the purposes and provisions of this chapter, including, but without limiting the general terms of the preceding, the power to:
(a) Exist as a corporation, until the Authority has sold or transferred the stock of all its subsidiaries and all its other assets and paid all its debts and obligations, at which time it shall cease to exist.
(b) Adopt, amend and repeal regulations to govern its affairs and business and to prescribe rules, regulations and norms regarding its compliance with its functions and duties.
(c) Adopt an official seal and alter the same at will.
(d) Keep offices in the place or places it determines.
(e) To sue and be sued on its behalf, to [accuse] and [be accused] against.
(f) Receive, administer and meet the conditions and requirements regarding any gift, concession or donation of any property or moneys.
(g) Have complete control and supervision of all its assets, of any type, whether real or personal property, tangible or intangible, or of any company whose total common stock issued and outstanding, except eligible paper, are owned by the Authority pursuant to the provisions of this chapter including, but without being limited to, the power to determine the nature and the need of all of its expenses and the manner they may be incurred, allowed and paid, without taking into consideration any provision of law that regulates the spending of public funds.
(h) Make and enter into agreements, leases, contracts and other instruments that are necessary or pertinent in the exercise of the powers and duties of the Authority under this chapter with any person, firm, corporation, federal agency and with the Commonwealth of Puerto Rico and any of its subdivisions, agencies or political instrumentalities.
(i) Enter into contracts with any person, firm or corporation for the administration of, or consulting or advisory services with regard to the Authority.
(j) Appoint a Secretary and those other officials, agents and employees and confer upon them those powers and duties and pay such compensation for their services that the Board of Directors shall determine.
(k) Borrow money for any of its corporate purposes.
(l) Sell or otherwise dispose of any real, personal or mixed property of the Authority or any interest in the same.
(m) Acquire, possess and dispose of stock, assets, contracts, bonds or other interest in any corporation or other entities and exercise all those powers and rights related to them, including all the rights and powers conferred, by law or agreement, to the stockholders of said corporation or entity and shall have absolute discretion to exercise its right to vote on any shares, as well as to dispose of, transfer or sell the same from time to time; Provided, however, That any dividend, distribution, proceeds of the sale, or any other income received by the Authority with respect to said stock shall be applied as provided in the Joint Resolution that authorizes the purchase-sale of the stock of P.R.T.C.
(n) Perform all those acts and things that are necessary or convenient to carry out the powers conferred by this chapter or any other act of the Legislature of Puerto Rico; Provided, however, That the Authority shall not be empowered to encumber the credit of the Commonwealth of Puerto Rico.
History —May 6, 1974, No. 25, Part 1, p. 136, § 7; Apr. 5, 1977, No. 7, p. 17; June 8, 1978, No. 2, p. 373; Jan. 21, 1987, No. 7, p. 934, § 2; Sept. 12, 1996, No. 215, § 6; renumbered as § 6 and amended on June 24, 1998, No. 94, § 7.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25/409/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25 - Telephone Authority (§§ 401 — 425)›§ 409 - Subsidiary corporations
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25 - Telephone Authority (§§ 401 — 425) › § 409 - Subsidiary corporations
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The Authority is hereby empowered to create by resolution, such subsidiary corporations that it deems convenient to carry out the purposes of this chapter and to lend and give funds and transfer any of its properties to such subsidiary corporations. Said subsidiary corporations shall be public corporations wholly owned by the Authority and shall have the powers and duties conferred [upon] the Authority by the provisions of this chapter, that are assigned to them by the Board of Directors. The Board of Directors shall appoint the members of the Board of Directors of any of such subsidiary corporations; Provided, That the Board of Directors thereof shall include the President of the Bank among its members.
All the general powers granted to the Authority under this chapter are hereby granted to said subsidiaries in the performance of their powers and duties assigned to them by the Board of Directors.
The Controller of Puerto Rico shall supervise all the income, accounts and disbursements of the Puerto Rico Telephone Authority, and of any subsidiaries created under this section which are established under the provisions of this chapter.
(a) Subsidiary operating public broadcasting facilities.— Pursuant to the powers provided in this chapter, the Puerto Rico Telephone Authority and the Department of Education are hereby authorized to seek the transfer of the license to operate nonprofit public radio and television services issued by the Federal Communications Commission of the United States.
In the event of such a transfer, a subsidiary nonprofit public corporation of the Telephone Authority shall be created, which shall be known as the “Puerto Rico Public Broadcasting Corporation”.
(b) Legislative purpose.— Subsections (b) to (g) of this section have the purpose of creating a subsidiary public corporation which shall operate independently and separately from any entity of the Authority, with the necessary operational and financial capacity to integrate, develop and operate the communications facilities owned by the people of Puerto Rico in an effective manner and pursuant to the provisions and limitations established hereinafter. These facilities shall be used for educational, cultural and public service purposes for the people in general, and not for private purposes, or partisan politics or sectarian propaganda, except as provided in Article 3.016 of the “Electoral Act of Puerto Rico”.
The programs broadcast by the Puerto Rico Broadcasting Corporation shall be guided by a policy of excellence, objectivity and balance in everything of a controversial nature.
The programming shall reflect harmony between the imparting of knowledge and practical information. It must also emphasize the broadest view of knowledge with attention to the philosophy and perception of social, economic and cultural reality as something tied to history with a commitment at the same time to a better future. The programming of the stations must contribute to the development of a critical conscience and highlight human dignity and values in its broadcasts.
The Puerto Rico Public Broadcasting Corporation shall abstain from purchasing or renting radio or television programs identified as syndicated programming whose only apparent value is entertainment. However, public interest programs of an educational, informational, cultural, documentary, musical, historical nature or sports events or other similar programs will not be affected by this limitation regardless of their syndicated programming classification.
(c) Board of Directors of the Puerto Rico Public Broadcasting Corporation.— The powers, faculties and duties of the Puerto Rico Public Broadcasting Corporation shall be exercised, and its operational and administrative policy shall be determined by a Board of Directors.
The Board shall be constituted by the Executive Director of the Puerto Rico Telephone Authority, the Secretary of Education, the President of the University of Puerto Rico, the Executive Director of the Institute of Puerto Rican Culture and seven (7) private citizens in representation of the public interest. The members in representation of the public interest shall be appointed by the Governor with the advice and consent of the Senate, and at least three (3) of them shall be persons of proven interest, knowledge and experience in education, culture, the arts, science or radio and television communications. Members in representation of the public interest shall receive per diems as indicated below and shall hold office for a term of five (5) years each and until their successors are appointed and take office. The initial appointments shall be for the following terms: one member for one (1) year; one member for two (2) years; one member of three (3) years; one member for four (4) years and one member for five (5) years. Any vacancy in said offices shall be filled for the unexpired term thereof through an appointment that must be made within a term not to exceed sixty (60) days from the date the vacancy occurred. Provided, That, except for the Executive Director of the Telephone Authority, the officials or employees of the Telephone Authority and its subsidiaries, or persons with direct and substantial financial interests in the commercial radio and television industry shall not be members of the Puerto Rico Public Broadcasting Corporation.
Seven (7) members of the Board of Directors shall constitute a quorum for the handling of the subsidiary’s affairs and every decision must be adopted by a majority vote. The functions of the members of the Board of Directors, as well as their attendance [at] the meetings shall not be delegated.
No later than thirty (30) days after the date on which all of its members have been appointed, the Board shall meet, organize, and elect from among its members a Chairperson, and a Vicechairperson who will act for the Chairperson when he is absent. It shall also appoint an Executive Director for the Puerto Rico Public Broadcasting Corporation and a Secretary of the Board. These officials shall hold office at the will of the Board which will determine their functions, responsibilities and duties and will fix their remuneration and other benefits.
Board members will not receive any remuneration whatsoever for the performance of their duties as such, but those who are not public officials or employees shall be entitled to per diems that shall not exceed fifty dollars ($50) for each meeting they attend, as provided by the Board of Directors.
The Board of Directors of the Puerto Rico Public Broadcasting Corporation shall have the power to approve, amend and repeal those regulations it deems necessary or convenient in order to carry out its ends, purposes and activities. The Board of Directors of the Puerto Rico Public Broadcasting Corporation shall determine the distribution and use of its capital improvements and the operations or functioning budget in accordance with its needs and plans, and may delegate on [sic] the Executive Director or on any other of its officials, employees or agents those powers and duties it deems proper, except the power to approve, amend and repeal regulations.
The Executive Director shall be in charge of the general administration of the Puerto Rico Public Broadcasting Corporation and will be responsible to the Board of Directors for executing the policy that it establishes and the general supervision of all its officials, employees and agents.
Those members of the Board of Directors who are not ex officio members may only be removed for just cause.
(d) General powers of the Puerto Rico Public Broadcasting Corporation.— The Puerto Rico Public Broadcasting Corporation shall broadcast and promote educational, sports, artistic, musical, cultural and public interest programs subject to the limitations established in the franchises granted by the Federal Communications Commission of the United States of America.
The Puerto Rico Public Broadcasting Corporation is hereby granted all necessary and convenient powers to carry out and achieve its purposes and functions including, but not limited to, the following:
(1) To exist ad perpetuam as a subsidiary nonprofit corporation.
(2) To adopt, alter and use a corporate seal.
(3) To adopt, amend and repeal regulations to govern its affairs and activities and prescribe the necessary rules, regulations and norms in order to perform its functions and duties, pursuant to the provisions of Act No. 112 of June 30, 1957, known as the “Rules and Regulations Act of Puerto Rico”.
(4) To maintain its offices in the place or places it shall determine.
(5) To sue and be sued.
(6) To receive, administer, and comply with the legal requirements and conditions concerning any gift, concession, or donation of any property or money.
(7) To enter into and to execute agreements, leases, contracts and other instruments necessary or pertinent in the exercise of its powers and functions.
(8) To acquire any property or interest thereon through any legal means including, but not limited to, the acquisition through purchase, lease, bequest, legacy or donation, and to possess, conserve, use and exploit such property or interest therein.
(9) To acquire, construct, reconstruct, improve, expand, conserve and make optimum use of any broadcasting facilities.
(10) To fix and collect reasonable fees, rights and rates, and other terms and conditions for services for the use of its broadcasting facilities or for any equipment rented or sold pursuant to applicable federal and local laws and regulations.
(11) To appoint and hire such officials and employees and grant them such powers and duties, and pay them such compensation for their services that the Board of Directors may determine in accordance with the personnel regulations promulgated.
The personnel of the Puerto Rico Public Broadcasting Corporation shall be excluded from the provisions of Act No. 5 of October 14, 1975, known as the “Public Service Personnel Act of Puerto Rico”. Nevertheless, the Puerto Rico Public Broadcasting Corporation shall comply with the provisions of Section 10.6 of said act.
(12) To carry out all acts that are necessary and convenient to execute the powers granted by this or any other chapter.
(13) To accept, promote and encourage the citizenry to make donations of any kind, provided their acceptance does not imply an obligation to transmit information or material in conflict with the norms that govern its broadcasts.
Likewise, and without being subject to the provisions of § 23 of Act June 29, 1954, No. 91, known as the “Income Tax Act”, any donation made to the Puerto Rico Public Broadcasting Corporation may be claimed in its entirety in the income tax return as a deduction from the adjusted gross income in the case of individuals or as a deduction from the net income in the case of corporations and partnerships.
(e) Reports.— Within sixty (60) days after the close of each fiscal year, the Puerto Rico Public Broadcasting Corporation shall submit reports on its activities to the Telephone Authority, the Legislature and the Governor, including the following:
(1) A summary of the work carried out during the fiscal year in compliance with the purposes provided by this chapter and a work plan, including specific projects and activities for the following year.
(2) A financial statement prepared in accordance with generally accepted accounting principles for government bodies.
(3) A cash flow projection for the following fiscal year.
(4) Statistical charts that adequately reflect the operational phases of the Corporation in a comparative and reliable manner.
(5) A list of capital investments.
(f) Prohibition of operation by private enterprise.— The Puerto Rico Telephone Authority shall not, even with prior authorization of the Federal Communications Commission, sell, transfer, lease or submit the Puerto Rico Public Broadcasting Corporation to any other transaction that has as its purpose that said corporation and/or the services operated by it be administered or operated by private enterprise.
The radio and television stations operated through the Puerto Rico Public Broadcasting Corporation, which in turn is attached as a subsidiary to the Puerto Rico Telephone Authority, are of an educational, cultural nature and are the property of the people of Puerto Rico, and must be maintained as a public forum for the free expression of ideas.
(g) Autonomy.— It is hereby prohibited for any person to bring undue pressure or influence on the representatives of said corporate entity. It is hereby provided that the Board of Directors shall protect the credibility of the Puerto Rico Public Broadcasting Corporation and resist unappropriate interventions in order to thus preserve full responsibility for the autonomy of the functions of the institution.
In order to maintain the programmatic autonomy of the Puerto Rico Public Broadcasting Corporation, it shall present to the Telephone Authority annually a list of the total disbursements it expects to incur for its activities and functioning. It shall also list the capital improvements plan and the acquisition of assets, such as properties, which are needed to carry out the purposes of this chapter.
The Corporation shall also present to the Telephone Authority the total income it expects to receive through appropriations of funds of the Commonwealth of Puerto Rico, grants from the federal government and those properly generated within the power of this chapter.
With this information the Telephone Authority shall provide for those additional resources needed to carry out the annual working plan presented by the Puerto Rico Public Broadcasting Corporation to be authorized or transferred in a lump sum.
Once the necessary approvals and authorizations are obtained, including the approval of the Federal Communication Commission, all licenses to operate the radio and television services of the People [of] Puerto Rico shall be transferred to the Public Broadcasting Corporation for Puerto Rico, as well as all the installations, properties, funds of any nature, records and equipment that are being used or that have been assigned to be used by the Authority’s subsidiary presently in charge of the operation of said services or by any other government agency with respect to the operation of the public broadcasting facilities.
History —May 6, 1974, No. 25, Part 1, p. 136, § 9; June 4, 1983, No. 92, p. 226; Jan. 21, 1987, No. 7, p. 934, § 4; Aug. 18, 1989, No. 77, p. 339, § 1; Sept. 12, 1996, No. 215, § 9; renumbered as § 7 and amended on June 24, 1998, No. 94, § 9.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25/409a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25 - Telephone Authority (§§ 401 — 425)›§ 409a - Subsidiary corporations—Power to issue corporate capital stock
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25 - Telephone Authority (§§ 401 — 425) › § 409a - Subsidiary corporations—Power to issue corporate capital stock
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(a) The Board of Directors shall provide, through a resolution to such effects, that its existing subsidiary corporations or those to be created, shall have the nature of private corporations for profit, which may also issue one or more classes of corporate capital stock. Said resolutions shall meet the applicable requirements of the Puerto Rico General Corporations Act of 1995 (“Corporations Act”), and shall have the effect of a certificate of incorporation under said sections.
The Secretary of State is hereby empowered to register said resolutions in the Department of State of Puerto Rico.
(b) The board of directors of any of the subsidiary corporations of the Authority may authorize the creation, or the acquisition of the capital stock of those subsidiary corporations it deems convenient, to carry out the purposes of this chapter and to loan, donate or otherwise transfer any of its properties to said subsidiary corporations.
History —May 6, 1974, No. 25, Part 1, p. 136, added as § 9A on Nov. 27, 1990, No. 8, p. 1448; Sept. 12, 1996, No. 215, § 10; renumbered as § 8 and amended on June 24, 1998, No. 94, § 10.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25/409b/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25 - Telephone Authority (§§ 401 — 425)›§ 409b - Assets and liabilities
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25 - Telephone Authority (§§ 401 — 425) › § 409b - Assets and liabilities
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The accounts, funds and properties of the Authority, as well as the debts, obligations, contracts, receipts and expenses thereof, shall be deemed as assets and liabilities of said public corporation exclusively, and not of the Bank nor of the Government of Puerto Rico or any office, bureau, department, commission, dependency, municipality, branch, agent, official or employee thereof.
All the money of the Authority shall be deposited in financial institutions qualified to receive funds of the Government of Puerto Rico. They shall maintain one or several separate accounts in the name of the Authority. The disbursements shall be made in compliance with the regulations and budgets approved by the Board of Directors.
History —May 6, 1974, No. 25, Part 1, p. 136, added as § 9 on June 24, 1998, No. 94, § 11.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25/411/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25 - Telephone Authority (§§ 401 — 425)›§ 411 - Tax exemption; payments in lieu of taxes
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25 - Telephone Authority (§§ 401 — 425) › § 411 - Tax exemption; payments in lieu of taxes
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(a) It is hereby resolved and declared that the purposes of the Authority pursue the promotion of the safety, health and general welfare of the people of Puerto Rico, all of which constitute public ends for the benefit of the people and that the exercise of the powers conferred to said Authority by this chapter constitutes an essential government duty and, therefore, neither the Authority nor any corporation created by resolution under § 409 of this title, nor any company whose total common stock, excluding eligible paper, is owned by the Authority, shall be required to pay any taxes, fees, duties, license fees, charges, licenses or appraisals whatsoever of the Commonwealth of Puerto Rico or of any municipality, on real or personal property acquired or owned by it, or under its jurisdiction, control, possession or supervision, or on the income derived from or by the Authority or any of its companies and activities, including any corporation created by resolution under § 409 of this title, and any other company whose total common stock, excluding eligibility stock, is owned by the Authority.
(b) On or before the 15th of April of each year, the Authority shall pay to the Secretary of the Treasury, in lieu of taxes, the total amount that it paid in lieu of taxes during Fiscal Year 1995-96, as certified by the Director of the Office of Management and Budget and the Telephone Authority, which the Government of Puerto Rico shall use to answer to the needs of the municipalities, the Department of Education and any other legitimate purpose, in the proportion determined in the budget of the Government. In addition, the total received by the Authority from the sale of Telefónica Larga Distancia de Puerto Rico, Inc. and Telecomunicaciones Ultramarinas de Puerto Rico stock, after the expenses incurred with regard to said sale have been paid, shall also be contributed to the General Fund as a payment in lieu of additional taxes. Each of said contributions shall be made by the Authority within ten days after their receipt. The Secretary of the Treasury shall deposit the total amount received from the Authority in the General Fund of the Commonwealth Treasury. The contribution of the Authority shall be subordinated to the cash flow stipulations of the Bond Trust Contract of the Authority. For the purposes of § 621 of Title 18, the payments made to the Secretary of the Treasury, pursuant to what is stipulated herein, shall not constitute interest charged under the laws of the Commonwealth of Puerto Rico. The Authority shall not have to make the payments provided in this subsection as of the fiscal year in which the obligation of the P.R.T.C. to pay property taxes commences, as provided in the Joint Resolution that approved the sale of the P.R.T.C. stock.
(c) The Authority and any corporation created by resolution under § 409 of this title and any company whose total common stock, excluding eligible paper, is owned by the Authority, shall be exempt from the payment of all types of charges, internal revenue stamps and vouchers, duties, fees, taxes or levies of any nature required at present or to be required in the future for the handling of judicial procedures, the issue of certifications in all offices and dependencies of the Commonwealth of Puerto Rico or its municipalities, the execution of public documents and the registration thereof in any registry of the Commonwealth.
History —May 6, 1974, No. 25, Part 1, p. 136, § 11; July 29, 1991, No. 33; § 1; Aug. 12, 1994, No. 74, § 1; Sept. 12, 1996, No. 215, § 12; June 13, 1998, No. 85, § 6; renumbered as § 10 and amended on June 24, 1998, No. 94, § 12; June 17, 1999, No. 132, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25/412/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25 - Telephone Authority (§§ 401 — 425)›§ 412 - Purchase contracts
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25 - Telephone Authority (§§ 401 — 425) › § 412 - Purchase contracts
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The Authority is empowered to sign any type of purchase contract and supplies and services contracts without resorting to a competitive bidding process.
The Board of Directors of the Authority shall establish the procedures and practices that shall regulate the administrative phase for the acquisition of goods and services, in order to guarantee the best interests of the Authority and sound public administration.
History —May 6, 1974, No. 25, Part 1, p. 136, § 12; Jan. 21, 1987, No. 7, § 5; May 19, 1989, No. 9, p. 41, § 1; Sept. 12, 1996, No. 215, § 13; renumbered as § 11 and amended on June 24, 1998, No. 94, § 13.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25/417/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25 - Telephone Authority (§§ 401 — 425)›§ 417 - Default in payment of bonds; receivership
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25 - Telephone Authority (§§ 401 — 425) › § 417 - Default in payment of bonds; receivership
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(a) In the event that the Authority shall default in the payment of the principal of, or interest on, any of its bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty (30) days, or in the event that the Authority shall default in any agreement made with the bondholders, any holder or bondholders (subject to any contractual limitation as to a specific percentage of such holders), or trustee thereof, shall have the right to apply in an appropriate judicial proceeding to any court of competent jurisdiction in Puerto Rico for the appointment of a receiver of the System or parts thereof, the revenues of which are pledged to the payment of the bonds so in default, whether or not all the bonds have been declared due and payable and whether or not such holder, or trustee thereof, is seeking or has sought to enforce any other right or to exercise any remedy in connection with such bonds. Upon such application the court may appoint, and if the application is made by the holders of twenty-five per cent (25%) in principal amount of such bonds then outstanding, or by any trustee for holders of bonds in such principal amount, shall appoint a receiver of such System.
(b) The receiver so appointed shall forthwith, directly or through his/her agents and attorneys, enter into and upon and take possession of such System and each and every part thereof, and may exclude the Authority, its officers, agents, and employees and all persons claiming under them, wholly therefrom and shall have, hold, use, operate, manage, and control the same and each and every part thereof, and, in the name of the Authority or otherwise, as the receiver may deem best, shall exercise all the rights and powers of the Authority with respect to such System as the Authority itself might do. Such receiver shall maintain, restore, insure, and keep insured, such System and from time to time shall make all such necessary or proper repairs as such receiver may deem expedient, shall establish, levy, maintain, and collect such rates, fees, rentals, and other charges in connection with such System as such receiver may deem necessary, proper and reasonable, and shall collect and receive all revenues and deposit the same in a separate account and apply the revenues so collected and received in such manner as the court shall direct.
(c) Whenever the full amount due upon all bonds and the interest thereon, and upon any other notes having a charge, lien, or encumbrance on the revenues of such System and under any of the terms of any covenants or agreements with bondholders shall have been paid or deposited as provided therein, and all defaults in consequence of which a receiver may be appointed shall have been cured and made good, the court may, in its discretion and after such notice and public hearing as it deems reasonable and proper, direct the receiver to surrender possession of such System to the Authority, and the same right of the bondholders to obtain the appointment of a receiver to exist upon any subsequent default as hereinabove provided.
(d) Such receiver shall act, in the performance of the powers hereinabove conferred upon him, under the direction and supervision of the court and shall at all times be subject to the orders and decrees of the court and may be removed thereby. Nothing herein contained shall limit or restrict the jurisdiction of the court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set forth in this chapter.
(e) Notwithstanding anything in this section to the contrary, such receiver shall have no power to sell, assign, mortgage, or otherwise dispose of any assets of whatever kind or character belonging to the Authority and useful for such System, but the powers of any such receiver shall be limited to the operation and maintenance of such System, and the collection and application of the revenues therefrom, and the court shall not have jurisdiction to enter any order or decree requiring or permitting said receiver to sell, mortgage, or otherwise dispose of any such assets.
History —May 6, 1974, No. 25, Part 1, p. 136, § 17; Sept. 12, 1996, No. 215, § 17; renumbered as § 13 on June 24, 1998, No. 94, § 17.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25/418/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25 - Telephone Authority (§§ 401 — 425)›§ 418 - Remedies of bondholders
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25 - Telephone Authority (§§ 401 — 425) › § 418 - Remedies of bondholders
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(a) Subject to any contractual limitations binding upon the holders of any issue of bonds, or trustees thereof, including but not limited to the restrictions of the exercise of any remedy to a specified proportion or percentage of such holders, any bondholder, or trustee thereof, shall have the right and power, for the equal benefit and protection of all bondholders similarly situated:
(1) By mandamus or other suit, action, or proceeding at law or in equity to enforce his rights against the Authority and its Governing Board, officers, agents, and employees to perform and carry out its and their duties and obligations under this chapter, and its and their covenants and agreements with bondholders;
(2) by action or suit in equity to require the Authority and the Governing Board thereof to account as if they were the trustee of an express trust;
(3) by action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders, and
(4) to bring suit upon the bonds.
(b) No remedy conferred by this chapter upon any bondholder, or any trustee thereof, is intended to be exclusive of any other remedy, but each such remedy is cumulative and in addition to every other remedy, and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law. No waiver of any default or breach of duty or contract, whether by any bondholder, or any trustee thereof, shall extend to or shall affect any subsequent default or breach of duty or contract or shall impair any rights or remedies thereon. No delay or omission of any bondholder or any trustee thereof to exercise any right or power accruing upon default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein. Every substantive right and every remedy, conferred upon the bondholders may be enforced or exercised from time to time and as often as may be deemed expedient. In case any suit, action, or proceeding to enforce any right or exercise any remedy shall be brought or filed and then discontinued or abandoned, or shall be determined adversely to the bondholders, or any trustee thereof, then and in every such case the Authority and such holder, or such trustee, shall be restored to their former positions and rights and remedies as if no such suit, action, or proceeding had been brought or taken.
History —May 6, 1974, No. 25, Part 1, p. 136, § 18, renumbered as § 14 on June 24, 1998, No. 94, § 17.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25/419/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25 - Telephone Authority (§§ 401 — 425)›§ 419 - Repeal of Act May 12, 1942, No. 212, as amended
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25 - Telephone Authority (§§ 401 — 425) › § 419 - Repeal of Act May 12, 1942, No. 212, as amended
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Act No. 212 of May 12, 1942, as amended, is hereby repealed.
Any real property and rights subject to registration that as of the date of effectiveness of this act are recorded at the Property Registry under the ownership of the Puerto Rico Communications Authority or the Puerto Rico Communications Corporation shall be transferred in said Registry to the ownership of the P.R.T.C., the successor in interest thereof. The transfer shall be effected by filing a certification with the Property Registry. Said certification shall contain the description of the real property as appears in [the] Registry, the record reference number, a statement from the current real property title holder, an application for transfer of the real property to the ownership of the P.R.T.C., and processing costs of the transaction. The certification shall be signed and sworn to by the Chairperson or any of the Vicechairpersons of the P.R.T.C. authorized to issue such certification. This transfer shall be exempted from the payment of any and all fees scheduled for the recording of documents and all other transactions in the Property Registry.
History —May 6, 1974, No. 25, Part 1, § 19; June 8, 1978, No. 3, § 1; May 27, 1980, No. 68, § 1; Sept. 12, 1996, No. 215, § 18; renumbered as § 15 and amended on June 24, 1998, No. 94, § 17; Dec. 30, 1998, No. 337, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25/420/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25 - Telephone Authority (§§ 401 — 425)›§ 420 - Fiscal Agency Act
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25 - Telephone Authority (§§ 401 — 425) › § 420 - Fiscal Agency Act
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The Authority shall be subject to the provisions of §§ 581—595 of Title 7, known as the “Fiscal Agency Act”, under which all of its financing shall be made through and with the approval of the Government Development Bank for Puerto Rico.
History —May 6, 1974, No. 25, Part 1, p. 136, § 20, renumbered as § 16 on June 24, 1998, No. 94, § 17.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25/421/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25 - Telephone Authority (§§ 401 — 425)›§ 421 - Legal investments
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25 - Telephone Authority (§§ 401 — 425) › § 421 - Legal investments
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The bonds of the Authority shall be lawful investments, and may be accepted as security, for any fiduciary, trust and public funds, whose investment or deposit shall be under the Authority or control of the Commonwealth or any officer or officers thereof.
History —May 6, 1974, No. 25, Part 1, p. 136, § 21, renumbered as § 17 on June 24, 1998, No. 94, § 17.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25/423/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25 - Telephone Authority (§§ 401 — 425)›§ 423 - Covenant of Commonwealth with bondholders
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25 - Telephone Authority (§§ 401 — 425) › § 423 - Covenant of Commonwealth with bondholders
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The Commonwealth does hereby pledge to and agree with the holders of any bonds issued under this chapter, and with those parties who may enter into contracts with the Authority pursuant to the provisions of this chapter, that the Commonwealth shall not limit or alter the rights hereby vested in the Authority until such bonds, together with the interest thereon, are fully met and redeemed and such contracts are fully performed on the part of the Authority.
History —May 6, 1974, No. 25, Part 1, p. 136, § 23, renumbered as § 18 on June 24, 1998, No. 94, § 17.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25/424/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25 - Telephone Authority (§§ 401 — 425)›§ 424 - Annual reports
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25 - Telephone Authority (§§ 401 — 425) › § 424 - Annual reports
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The Authority shall submit to the Legislature and to the Governor of Puerto Rico, as soon as possible after the close of each fiscal year of the Commonwealth, but prior to the close of the calendar year, a financial statement and a complete report of the business of the Authority during the preceding fiscal year; Provided, That in the report corresponding to the fiscal year during which the Authority has used or transferred the stock of all its subsidiaries and all its other assets and has paid all its debts and obligations, this fact shall be certified, in evidence of the termination of the corporate existence of the Authority, as provided in § 407 of this title.
History —May 6, 1974, No. 25, Part 1, p. 136, § 24, renumbered as § 19 and amended on June 24, 1998, No. 94, § 18.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25/425/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25 - Telephone Authority (§§ 401 — 425)›§ 425 - Repealing clause
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25 - Telephone Authority (§§ 401 — 425) › § 425 - Repealing clause
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Once the Authority has sold or transferred the stock of all its subsidiaries and all its other assets, and has paid all its debts and obligations and this fact has been certified in the corresponding annual report, this chapter shall be automatically repealed.
History —May 6, 1974, No. 25, Part 1, p. 136, added as § 20 on June 24, 1998, No. 94, § 19.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25a/431/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25A - Negotiation Process for the Sale of Assets (§§ 431 — 437)›§ 431 - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25A - Negotiation Process for the Sale of Assets (§§ 431 — 437) › § 431 - Definitions
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The following terms shall have the meaning stated hereinbelow, unless another meaning clearly arises from the text:
(a) Stock.— Shall mean stock of any type (common or preferred) of any direct or indirect subsidiary of the Authority, of any corporation created pursuant to this chapter, or of any corporation that acquires the assets of the Authority.
(b) Authority.— Shall mean the Puerto Rico Telephone Authority, created by §§ 401 et seq. of this title.
(c) Bank.— Shall mean the Government Development Bank for Puerto Rico, created by §§ 551 et seq. of Title 7.
(d) Assets of the Authority.— Shall mean all or any of the assets, resources and rights of any nature, chattel, real property or mixed, tangible or intangible property of the Authority or of any of its direct or indirect subsidiaries, including the stock of any of said subsidiaries.
(e) Negotiating Committee.— Shall mean the Negotiating Committee for the Sale of the Assets of the Puerto Rico Telephone Authority established through a resolution of the Board, which shall be composed of three (3) members of the Board, the Executive Director and the President of the Bank. The President of the Bank shall be the Chairperson of the Negotiating Committee.
(f) Buyer.— Shall mean the person or persons (natural or juridical) that acquires or acquire all or some of the assets of the Authority.
(g) Executive Director.— Shall mean the Executive Director of the Authority.
(h) Employee.— Shall mean any person who, at the time of the sale is a union employee of the P.R.T.C., a regular managerial employee of the P.R.T.C. who has satisfactorily passed his/her probation period, or a confidential managerial employee of the P.R.T.C., but shall not include persons who render services to the P.R.T.C. by means of a contract through an employment agency.
(i) Union employee.— Shall mean any person who on the date of the sale is employed by the P.R.T.C. and is a member of an appropriate collective bargaining unit.
(j) Date of sale.— Shall mean the date on which the assets of the Authority are effectively transferred to the buyer.
(k) Infrastructure Development Fund.— Shall mean the fund created by law under this name, which shall be maintained and administered by the Authority for the Financing of the Infrastructure of Puerto Rico.
(l) Board.— Shall mean the Governing Board of the Authority.
(m) Person.— Shall mean any natural or juridical person, including any agency, instrumentality or public corporation, corporation, partnership, cooperative partnership, association of cooperatives, special employee-owned corporation or any combination of the above, created, organized or existing under the laws of the Commonwealth of Puerto Rico, of the United States of America or of any state or foreign country.
(n) Net proceeds of the sale.— Shall mean the total price paid for the assets of the Authority, less the sums used or set aside to pay the debt of the Authority as of the date of the sale, and the costs related to the payment of said debt, the expenses incurred by the Authority, the Bank and the Office of the President and Speaker of the Legislative Bodies, if it were necessary, related to the transaction of the sale, and those other sums that the Bank or the Authority use or set aside to settle any liability or contingency of the Authority related to said sale.
(o) P.R.T.C.— Shall mean the Puerto Rico Telephone Company and its subsidiaries.
(p) Retirement System.— Shall mean the Employees Retirement System of the Government of Puerto Rico and its Instrumentalities created by §§ 761 et seq. of Title 3.
History —Aug. 4, 1997, No. 54, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25a/432/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25A - Negotiation Process for the Sale of Assets (§§ 431 — 437)›§ 432 - Authorization
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25A - Negotiation Process for the Sale of Assets (§§ 431 — 437) › § 432 - Authorization
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The negotiation process for the sale of the assets of the Authority is hereby authorized, subject to the conditions and procedures established in this chapter. This authorization empowers the sale of some or all the assets of the Authority and of any of its direct or indirect subsidiaries, to one or several buyers, including the public or private sale of all or some of the shares of the P.R.T.C., of any other direct or indirect subsidiary of the Authority, and of any other corporation created pursuant to § 437(a) of this title. The Negotiating Committee is hereby authorized to conduct the process of sale authorized herein. The Negotiating Committee may authorize the President of the Bank to contract whatever experts and advisors are needed, negotiate the terms and conditions of said sale, including the agreements with the buyers that are needed to protect the interests of the Authority, and take whatever steps are necessary and convenient before any Commonwealth, federal or foreign country forum or agency, leading to promote said sale. The sale shall be subject to the conditions imposed by this chapter.
History —Aug. 4, 1997, No. 54, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25a/433/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25A - Negotiation Process for the Sale of Assets (§§ 431 — 437)›§ 433 - Process of sale
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25A - Negotiation Process for the Sale of Assets (§§ 431 — 437) › § 433 - Process of sale
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(a) The Negotiating Committee shall be responsible for conducting the process of sale and of negotiating the terms and conditions of said sale through the President of the Bank.
(b) The Negotiating Committee shall establish the procedures that shall rule the process of sale in order to: expedite the sale process; obtain offers from the largest number possible of potential buyers that are qualified to execute the purchase within the shortest term possible, as established in said procedures; promote competition between potential buyers; and, after considering all the relevant factors, maximize the benefits that the People of Puerto Rico shall receive. The procedures shall provide for the prompt handling of the sale. To achieve the purposes of this chapter, it is indispensable that the information relevant to the process of sale be kept confidential. The Negotiating Committee shall establish as part of its procedures the information that is to be confidential, taking into account the purpose of this chapter and the need to keep the People of Puerto Rico informed.
(c) When evaluating the proposals received, the following factors, which are not listed in order of importance, shall be taken into consideration, among others:
(1) The price and conditions of the sale;
(2) the commercial and financial reputation of the proponent, his/her financial and technical capability to conduct the telecommunications business and keep a technologically advanced and efficient telecommunications system at the service of the consumer;
(3) the financing plans of the proponent and the financial capacity thereof to execute them, including possible access to the local capital market for the purchase and sale of shares, so that the sale can be concluded in the shortest period of time possible;
(4) the probability that the proponent has of obtaining the necessary permits and approvals and to execute the purchase in a reasonably short period of time;
(5) the terms that the proponent is willing to accept in the sale contract, and
(6) the discount level to be offered to non-profit post-secondary educational institutions to gain access to the Internet during the next five (5) years, from the date in which the Federal Communications Commission authorizes the sale.
(d) After the Negotiating Committee has concluded its evaluation of the of the proposals received, and the negotiations of the President of the Bank of the terms and conditions under which the purchase shall be conducted and of the documents needed to execute the transaction with the selected proponent or proponents, the Negotiating Committee shall render a report to the Board with the specific data on the proposals received and the negotiations conducted, with its recommendation on the proposal or proposals that best meet the factors listed in subsection (c) of this section.
(e) The Board shall examine the report prepared by the Negotiating Committee and shall decide whether it shall approve or reject the recommended proposal or proposals. If it approves said proposal or proposals, the Board shall authorize the Executive Director to sign those documents needed to complete the transaction. The documents shall provide that the effectiveness thereof shall be subject to the approval of the sale by the Governor of Puerto Rico and the Legislature.
(f) Once the sales documents have been signed, the Negotiating Committee shall submit a report to the Governor of Puerto Rico summarizing the process of sale and explaining the reasons for which the recommended proposal or proposals were selected. If the Governor of Puerto Rico approves the sale under the same terms and conditions that were approved by the Board, and that are outlined in the transaction documents signed by the parties, the Governor shall remit the report prepared by the Board to the Legislature for its approval. The Governor shall also submit to the Legislature a succinct analysis of the objective criteria employed by the Negotiating Committee to evaluate the purchase offers submitted for its consideration. The Legislature shall have access to all documents and information considered by the Negotiating Committee during its process to select the proposal or proposals on the same terms and under the same conditions provided to the Negotiating Committee. It shall be understood that the sale is authorized if the Legislature, through a Joint Resolution, approves the sale under the same terms and conditions that were approved by the Board and that are outlined in the transaction documents signed by the parties. The Legislature shall provide, through a Joint Resolution, the portion of the net proceeds of the sale that shall be applied to each one of the uses established in § 434 of this title.
History —Aug. 4, 1997, No. 54, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25a/434/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25A - Negotiation Process for the Sale of Assets (§§ 431 — 437)›§ 434 - Use of net proceeds
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25A - Negotiation Process for the Sale of Assets (§§ 431 — 437) › § 434 - Use of net proceeds
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The net proceeds of the sale shall be used in the amounts established by the Legislature through a Joint Resolution to defray the costs corresponding to the Authority, from the benefits provided in § 435 of this title, and to make contributions to the Retirement System and to the Infrastructure Development Fund. The net proceeds of the sale that are to be assigned to the Infrastructure Development Fund shall remain deposited in said Fund. The revenues generated by the investment of these resources shall be used for infrastructure development projects whose construction contracts have not been adjudicated at the time of approval of this act.
History —Aug. 4, 1997, No. 54, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25a/435/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25A - Negotiation Process for the Sale of Assets (§§ 431 — 437)›§ 435 - Protection and benefits for employees
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25A - Negotiation Process for the Sale of Assets (§§ 431 — 437) › § 435 - Protection and benefits for employees
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(a) Protection for employees.— The sale contract shall include those terms and conditions that are needed to comply with the following:
(1) Accrued retirement benefits.— No employee or former employee who is a participant of the Retirement System or his/her beneficiaries, shall lose the retirement benefits accrued as of the date of the sale. The buyer shall not have to make contributions to the Retirement System for the employees or former employees who participate in the same and shall not be liable for the obligations the Retirement System has with said persons. The buyer shall not reduce the accrued retirement benefits over which the employees have accrued vested benefits as of the date of the sale, and shall not reduce the pensions granted as of the date of the sale, under the P.R.T.C. retirement programs. The Authority and the buyer shall decide on a plan for compliance with this provision.
(2) Collective bargaining agreements.— The buyer shall agree to recognize the unions that, on the date of the sale, represent the union employees, and shall assume the collective bargaining agreements in effect on that date.
(b) Employee benefits.— As part of the sale, the Authority or the buyer shall establish a benefit plan for employees, which may include an early retirement plan, a special bonus plan, or a transfer of shares plan.
(c) Management employees.— In case a regular management employee does not choose to join the early retirement plan which may be implemented as provided by this chapter, he/she shall be guaranteed at least a year of employment with the salary and fringe benefits enjoyed by the employee, as of the date on which the Federal Communications Commission authorizes the sale of the assets of the Authority, in addition to the benefits established in subsection (b) of this section.
History —Aug. 4, 1997, No. 54, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25a/436/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25A - Negotiation Process for the Sale of Assets (§§ 431 — 437)›§ 436 - Indemnification of Board Members and Executive Director
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25A - Negotiation Process for the Sale of Assets (§§ 431 — 437) › § 436 - Indemnification of Board Members and Executive Director
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The members of the Board and the Executive Director shall not be liable for any monetary claim, whether of civil or administrative nature, which is filed after the approval of this act, which arises from any act or omission on their part regarding the sale transaction authorized by this chapter, provided said actions or omissions have occurred in good faith and there is no conduct which constitutes an offense, gross negligence or is contrary to law.
In the event a civil or administrative cause of action is filed against any of the members of the Board or the Executive Director which arises from any act or omission by them related to the sale transaction authorized by this chapter, the members of the Board and the Executive Director may request to be represented and compensated by the Authority for all defense expenses and any payment that is imposed through judgment, and should the latter lack the funds, by the Commonwealth pursuant to the provisions of this section.
The members of the Board and the Executive Director may choose to be represented by counsel in private practice recommended by them, after being authorized by the Secretary of Justice, or directly by the Department of Justice. If they are represented by counsel in private practice, the Authority or the Commonwealth, should the former lack the funds, shall defray all reasonable costs of said legal representation. The Authority or the Commonwealth, as the case may be, shall recover the expenses, costs and attorney fees, and the amounts thus recovered shall be covered into the funds of the Authority, or if the expenses were defrayed by the Commonwealth, into the General Fund of the Commonwealth.
When two (2) or more members of the Board or the Executive Director are sued or are subject to a monetary claim through an administrative procedure in the same case, and they have conflicting interests, the Secretary of Justice may authorize that each one of them be represented by different counsel in private practice, which shall be defrayed by the Authority, or should it lack funds therefor, by the Commonwealth pursuant to the provisions of this section.
The Commonwealth guarantees the payment of all compensation to be granted under this section. If at any time, the revenues, income or any other available funds of the Authority were not sufficient to pay said compensation or if these funds are nonexistent due to the sale of the assets of the Authority, the Secretary of the Treasury shall withdraw from any available funds in the Commonwealth Treasury those sums needed to cover the deficiencies in the amount required to pay said compensation, and shall direct that the sums thus withdrawn be used for such purposes.
This section shall continue in effect after the sale of the assets of the Authority.
History —Aug. 4, 1997, No. 54, § 7.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-25a/437/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 25A - Negotiation Process for the Sale of Assets (§§ 431 — 437)›§ 437 - Supplementary provisions
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 25A - Negotiation Process for the Sale of Assets (§§ 431 — 437) › § 437 - Supplementary provisions
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(a) Organization of corporations.— The Executive Director is hereby authorized to carry out the organization of one or more private corporations under the laws of Puerto Rico or of a state of the United States and to transfer to them the shares of any subsidiary of the Authority or any of the assets of the Authority if, in the judgment of the Negotiating Committee, it is necessary or convenient to ensure the viability of the sale process.
(b) Inapplicability of the Uniform Administrative Procedures Act.— Sections 2101 et seq. of Title 3 shall not apply to the sale process or the acts authorized by this chapter, or to any other procedure or action carried out or required to comply with the purpose of this chapter.
(c) Exemption from the obligation to file reports.— To attain the objectives of this chapter, while the herein authorized process of sale is being carried out, the Authority is exempted from the obligation to render the reports provided in §§ 424 and 432(d) of this title including the reports that should have been rendered during the year 1997.
(d) Fiscal and tax responsibilities of the buyer.— The buyer shall be responsible for the payment of income taxes, excise taxes, municipal license taxes, real and property taxes, and any other fee or tariff levied pursuant to that which is provided in the body of laws of Puerto Rico.
(e) Statement of the buyer attesting that no public official, employee or former public official has received any commission or bonus on account of the sale.— The buyer shall submit to the Legislature and the Department of Justice of Puerto Rico a sworn statement attesting that no commission or bonus has been paid and that no direct or indirect financial benefit has been granted to any public official or employee nor to any former public official or employee participating in the process of the sale of the Authority authorized in this chapter while discharging his/her public service duties. This obligation shall be met upon submission of the Final Report by the Negotiating Committee to the Board and upon the authorization of the sale of the Authority by the Federal Communications Commission. Any person who fails to comply with this obligation shall incur a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for a term of not less than ninety (90) days nor more than six (6) months or by a fine of not less than two thousand dollars ($2,000) nor more than five thousand dollars ($5,000), or both penalties at the discretion of the court.
(f) Statements from financial consultant and legal counsel firms and experts and advisers under contract.— Financial consultant and legal counsel firms or companies, experts, and any other advisers contracted by the Negotiating Committee to participate in the analysis, evaluation and negotiation process for the sale shall submit to the Legislature and the Department of Justice of Puerto Rico a sworn statement listing the names of all the persons who have been paid fees for their services or have received payments on any account, as a result of their functions in the process of the sale as authorized by this chapter.
This obligation shall be met upon submission of the Final Report by the Negotiating Committee to the Board and upon the authorization of the sale of the Authority by the Federal Communications Commission. Any person who fails to comply with this obligation shall incur a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for a term of not less than ninety (90) days nor more than six (6) months or by a fine of not less than two thousand dollars ($2,000) nor more than five thousand dollars ($5,000), or both penalties at the discretion of the court.
(g) Requirements to be included in the contracts for consultants and advisers.— Any contract awarded by the Negotiating Committee, the Bank, the Authority, or the P.R.T.C., to contract the services of financial consultants, legal counsel, experts, and any other advisers, shall contain a clause expressly providing that said consultant, adviser or expert shall not, during the year following the expiration of his/her contract, hold any office nor contract any financial interest with the natural or juridical person chosen to purchase the assets of the Authority in connection with his/her business in Puerto Rico, and after the Legislature has approved the sale. Noncompliance with this contractual clause shall bring about the restoration of all fees earned through the granting of said contract.
History —Aug. 4, 1997, No. 54, § 8.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513)›§ 501 - Creation
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513) › § 501 - Creation
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A public corporation is hereby created as an instrumentality of the Commonwealth of Puerto Rico, under the name of Public Broadcasting Corporation for Puerto Rico. The Corporation shall exist in perpetuity with a juridical personality that is independent and separate from any other entity, agency, department or instrumentality of the Government of Puerto Rico and shall be governed by a Board of Directors. June 30, 1996, is established as the date on which the Public Broadcasting Corporation for Puerto Rico shall cease to be a subsidiary of the Telephone Authority. Subsequently, the closing date for each fiscal year shall be June 30 of each year.
History —Sept. 12, 1996, No. 216, § 1.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513)›§ 502 - Legislative purpose
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513) › § 502 - Legislative purpose
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The Legislature of Puerto Rico, through the approval of this act, shall make the Public Broadcasting Corporation for Puerto Rico independent from the Puerto Rico Telephone Company to continue offering the services of excellence that have characterized it, in a more efficient and adequate manner. It shall have true operational and functional autonomy, which is a necessary element to develop its facilities and provide broadcasting pursuant to the established legal provisions and limitations, and thus render an optimum public service. Said facilities shall be used for educational and cultural purposes and to provide services to the people in general and not for particular purposes, nor for political-partisan or sectarian propaganda, with the exception of the provisions of § 3110 of Title 16, part of the Electoral Law of Puerto Rico. The programs broadcast by the Public Broadcasting Corporation for Puerto Rico shall be governed by a policy of excellence, objectivity and balance in all that could be controversial in nature.
The programming shall reflect harmony between the teaching of knowledge and practical information. It shall also emphasize the broadest vision of knowledge, resting on the philosophy and perception of our social, economic and cultural reality as something bound to history, while being committed to a better future. The programming of the station shall contribute to the development of a critical awareness and shall exemplify respect to human dignity and values in the broadcasts.
Without impairment to the stated in the preceding provisions, it shall also be understood that the Corporation shall adopt those measures needed for it to become a production company for the local television industry, provided it does not undermine the educational function and the public mission it is called upon to perform.
Along this [line] of reasoning, it shall be the administrative policy of the Corporation to use its facilities, resources, and the personnel in the manner most efficient and harmonious with the goal of providing sources of employment to the artistic class and to the professionals of the audiovisual industry.
History —Sept. 12, 1996, No. 216, § 2; Feb. 14, 2008, No. 5, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-29/503/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513)›§ 503 - Board of Directors
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513) › § 503 - Board of Directors
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The powers, faculties and duties of the Public Broadcasting Corporation for Puerto Rico shall be exercised and its operating and administrative policy shall be determined by a Board of Directors.
The Board shall be composed of the Secretary of Education, the President of the University of Puerto Rico, the Executive Director of the Institute of Puerto Rican Culture and eight (8) citizens from the private sector representing the public interest, who shall be appointed by the Governor with the advice and consent of the Senate, and of whom at least three (3) shall be persons [with] known interest, knowledge and experience in education, culture, arts, sciences or radio and television communications. The President of the new corporation shall be a member of the Board of Directors; however, he/she shall not be entitled to vote nor shall hold any position as an officer on said Board. The appointments of the members of the Board shall be for the following terms: two (2) members for six (6) years; two (2) members for five (5) years; two (2) members for four (4) years and two (2) members for three (3) years, and until their successors are appointed and take office. Once each term concludes, the same shall be fixed at six (6) years. In order to expedite and make the transition process of the new law viable, it is hereby provided that the individual term of each current member of the Board of Directors shall [take effect upon approval of said member. Any vacancy shall] be filled for the unexpired term of the person who caused it, by an appointment which shall be made within a term not greater than sixty (60) days from the date in which the vacancy occurs. Provided, That persons with direct and substantial economic interests in the commercial radio and television industry shall not be members of the Board of Directors of the Public Broadcasting Corporation for Puerto Rico. It is also Provided, That six (6) members of the Board of Directors shall constitute a quorum for the management of the affairs of the Corporation and all decision shall adopted by a majority. The functions of the members of the Board of Directors, as well as their attendance to the meetings cannot be delegated.
The Board of Directors shall meet, organize and elect from among its members, a President, a Vicepresident, who shall substitute for the President in his/her absence, and a Secretary. The Board shall also appoint a President of the Public Broadcasting Corporation for Puerto Rico. Said official shall hold office at the will of the Board, which shall determine his/her functions, responsibilities and duties; and shall fix his/her remuneration and other benefits.
The members of the Board shall not receive any remuneration for the performance of their functions as such, however, those who are not public officials or employees shall be entitled to per diems of fifty dollars ($50) for each meeting they attend.
The Board of Directors of the new Public Broadcasting Corporation for Puerto Rico shall be empowered to approve, amend, and repeal whichever regulations it deems are necessary and convenient to carry out its ends, purposes and activities. The Board of Directors shall determine the distribution and use of its capital improvements and operating budget in harmony with its plans and needs and may delegate on the President or any of its officials, employees or agents, those powers and duties he/she deems pertinent, with the exception of the power to approve, amend and repeal regulations.
The President shall be in charge of the general administration of the Public Broadcasting Corporation for Puerto Rico, and shall answer to the Board of Directors for the execution of the policy established by the latter and of the general supervision of all the officials, employees and agents thereof. He/she may also delegate any function on the personnel or official of the Corporation that he/she may determine.
The members of the Board of Directors that are not ex-officio members shall only be removed for just cause.
History —Sept. 12, 1996, No. 216, § 3.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513)›§ 504 - General powers
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513) › § 504 - General powers
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(a) Public broadcasting.— The Public Broadcasting Corporation for Puerto Rico shall broadcast and promote educational, sports, artistic, musical, cultural and public interest programs, all of which shall be subject to the limitations established in the franchises granted by the Federal Communications Commission of the United States of America.
The Public Broadcasting Corporation for Puerto Rico is hereby granted all the powers that are necessary and convenient to carry out and perform its purposes and functions, including, but without being limited to the following:
(1) To exist in perpetuity as an independent public corporation, for nonprofit purposes.
(2) Adopt, alter and use a corporate seal.
(3) Adopt, amend and repeal regulations to govern its affairs and activities and to prescribe the rules, regulations and norms needed to comply with its functions and duties, pursuant to the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”.
(4) Keep an office in the place or places it determines.
(5) To sue and be sued.
(6) Receive, administer and comply with the legal conditions and requirements regarding any gift, grant or donation of any real or personal property, financial resources and others.
(7) Make and execute agreements, leases, contracts and other instruments that are necessary or pertinent in the exercise of its powers and functions.
(8) Acquire any property or interest therein through any legal means, including, but without being limited to the acquisition by purchase, lease, bequest, legacy or gift and possess, keep, use and operate such property or interest therein.
(9) Acquire, build, rebuild, improve, extend, conserve and use to the maximum any broadcasting facilities.
(10) Fix and charge reasonable rates, fees and charges and other terms and conditions of services for the use of its broadcasting facilities or for any equipment sold or leased, in accordance with applicable regulations and federal and local laws.
(11) Appoint and contract those officials and employees and confer on them those powers and duties, and compensate them for their services according to the provisions of the Board of Directors, and in accordance with the personnel regulations that are promulgated. The personnel of the Public Broadcasting Corporation for Puerto Rico shall be excluded from the provisions of Act No. 5 of October 14, 1975, known as the “Public Service Personnel Act of Puerto Rico”. Notwithstanding the above, the Public Broadcasting Corporation for Puerto Rico shall honor the Merit Principle according to the provisions of Section 10.6 of said Act.
(12) Perform all acts that are necessary and convenient to exercise the powers conferred by this chapter or any other act.
(13) Accept, promote and stimulate the citizenry to make gifts of any sort, provided the acceptance thereof does not entail the obligation of transmitting information or material in conflict with the norms that regulate its transmissions.
Likewise, any gift made to the Public Broadcasting Corporation for Puerto Rico may be wholly claimed as a deduction from the individual gross income or from the gross income of corporations or associations, as applicable and without being subject to the provisions of Subsection (M) of paragraph (2) of clause (aa) of Section 1023 of Act No. 120 of October 31, 1994, as amended, known as the “Internal Revenue Code of Puerto Rico of 1994”.
(14) Enter into agreements, pacts or contracts with television production companies or private independent producers whose objective is the co-production of television programs of any nature, compatible with the public purpose of the Corporation’s function or for the future transmission of television programs, provided it is in accordance with the provisions of this chapter, the state or federal norms applicable to the Corporation.
(15) Carry out all the actions necessary to finance its administrative and fiscal operations, as well as its projects, which include but are not limited to: loan, mortgage, or leasing agreements, or of any other kind, with the Government Development Bank, commercial banking institutions, cooperative or mortgage institutions, or of any other kind, both governmental or private, to guarantee that the public instrumentality operates properly.
History —Sept. 12, 1996, No. 216, § 4; Feb. 14, 2008, No. 5, § 2; Sept. 21, 2010, No. 139, § 1.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513)›§ 505 - Annual reports
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513) › § 505 - Annual reports
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Reports.— Within one hundred and twenty (120) days after the close of each fiscal year, the Public Broadcasting Corporation for Puerto Rico shall render reports on its activities to the Legislature and the Governor, including the following:
(1) A summary of the work carried out during the fiscal year in compliance with the purposes set forth in this chapter, and a workplan, including specific projects and activities for the following year.
(2) Audited financial statements prepared in accordance with generally-accepted accounting principles for government bodies.
(3) Statistical tables which adequately reflect the operational phases of the Corporation in a comparative and reliable manner.
(4) A list of capital investments.
History —Sept. 12, 1996, No. 216, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-29/506/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513)›§ 506 - Prohibition to operate by private company
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513) › § 506 - Prohibition to operate by private company
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The Public Broadcasting Corporation for Puerto Rico shall not sell, transfer, rent, encumber, alienate or conduct any other transaction that has as its purpose that said Corporation and the services operated by it, be administered or operated by a private company, even with the prior authorization of the Federal Communications Commission.
The radio and television stations operated through the new Public Broadcasting Corporation for Puerto Rico, are of an educational and cultural nature, and the patrimony of the people of Puerto Rico, and they shall be kept as a public forum for freedom of expression.
History —Sept. 12, 1996, No. 216, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-29/507/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513)›§ 507 - Autonomy
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513) › § 507 - Autonomy
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It is prohibited for any person to exercise pressure or undue influence on the representatives of said corporate entity. It is provided that the Board of Directors shall protect the credibility of the Public Broadcasting Corporation for Puerto Rico and shall prevent inappropriate interventions in order to preserve the complete responsibility for the autonomy of the functions of the institution.
In order to preserve the programmatic autonomy of the Public Broadcasting Corporation for Puerto Rico, it shall submit to the Governor each year a list of the total disbursements to be made for its activities and operations. It shall also indicate the capital improvements plan and the acquisition of assets such as properties which are necessary to comply with the purposes of this chapter.
History —Sept. 12, 1996, No. 216, § 7.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-29/508/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513)›§ 508 - Construction and purchase contract
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513) › § 508 - Construction and purchase contract
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All purchases and contracts for supplies or services, with the exception of personal services, executed by the Corporation, including contracts for the construction of works, shall be made through a notice of bids, made with sufficient time prior to the opening of the sealed bidding of proposals so that the Corporation may guarantee an adequate knowledge and opportunity to appear; Provided, That when the estimated sum for the acquisition or work does not exceed twenty-five thousand dollars ($25,000), the same may be conducted without a notice for bids. Likewise, notice for bids shall not be necessary when:
(1) Due to an emergency the immediate delivery of materials, supplies and equipment, or the performance of services is required;
(2) replacement parts, accessories, equipment or supplementary or compatible services are needed for supplies or services previously furnished or contracted;
(3) professional or expert services or work are required and the Corporation deems that for a sound administration, said services or work should be contracted without said notices, or
(4) prices are not subject to competition, because there is only one source of supply, or because they are regulated by law.
Provided, That in such cases, the purchase of materials, supplies and equipment, or the obtaining of said services shall be done in the open market as usually practiced in business.
When comparing proposals and making adjudications, in addition to considering if the bidder has met the specifications, due consideration shall be given to factors such as the capacity of the bidder to carry out construction works of the nature involved in the contract under consideration, the quality and relative adaptability of the materials, supplies or services, the financial accountability of the bidder and his/her expertise, experience, reputation of business integrity an ability to provide repair and conservation services; time of delivery, or performance offered, and if the place where the materials, supplies and equipment are manufactured is located in Puerto Rico.
History —Sept. 12, 1996, No. 216, § 8.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-29/509/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513)›§ 509 - Transfers
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513) › § 509 - Transfers
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Once the necessary approvals and authorizations are obtained, including the approval of the Federal Communications Commission, the Puerto Rico Telephone Authority shall transfer to the Public Broadcasting Corporation for Puerto Rico all the licenses to operate the radio and television services of the People of Puerto Rico, as well as all the installations, properties, funds of any nature, records and equipment that are being used or that have been assigned to be used by it or by any other government entity with regard to the operation of public broadcasting facilities.
History —Sept. 12, 1996, No. 216, § 9.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513)›§ 510 - Personnel
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513) › § 510 - Personnel
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Upon the effectiveness of this act, all the employees of the Public Broadcasting Corporation for Puerto Rico, attached to the Puerto Rico Telephone Authority, shall retain all the duties and vested under the rights and laws and regulations in effect; Provided, That they shall be covered by §§ 61 et seq. of Title 29, known as the “Labor Relations Law of Puerto Rico”. The President of the Corporation shall establish the positions to be created in the new Corporation, the qualifications and requirements to hold the same, as well as the criteria to evaluate and select personnel.
History —Sept. 12, 1996, No. 216, § 10.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-29/511/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513)›§ 511 - Transition Committee
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513) › § 511 - Transition Committee
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The Governor of Puerto Rico is hereby authorized to appoint a Transition Committee to adopt those transitory measures and make those decisions deemed necessary so that the transfers directed by this chapter take place without interrupting the administrative processes, rendering of services, and the operation of the services transferred. This Committee shall carry out its duties taking into account the provisions of this chapter and all the regulations of the Federal Communications Commission applicable in this case.
This Committee shall cease its functions when the Board of Directors of the Public Broadcasting Corporation for Puerto Rico thus determines.
History —Sept. 12, 1996, No. 216, § 11.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-29/512/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513)›§ 512 - Pending procedures
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513) › § 512 - Pending procedures
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Any complaint or procedure pending before the Public Broadcasting Corporation for Puerto Rico, attached to the Puerto Rico Telephone Authority, or before any agency or court of law, on the date of approval of this act, and that has been filed pursuant to the provisions of the laws that govern the services transferred through this chapter, shall continue to be carried out by said Corporation until a final determination is made pursuant to the laws and regulations in effect on the date that said complaints or procedures have been submitted or filed. After a firm and final determination has been made regarding the same, the Executive Director of the Puerto Rico Telephone Authority shall transfer all the files, documents and records related to said complaints and procedures to the new Public Broadcasting Corporation for Puerto Rico.
History —Sept. 12, 1996, No. 216, § 12.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513)›§ 513 - Prohibition of free services
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 29 - Public Broadcasting Corporation (§§ 501 — 513) › § 513 - Prohibition of free services
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No person or entity shall use the Corporation’s facilities free of charge.
At the same time, the Board of Directors of the Public Broadcasting Corporation for Puerto Rico and its President are hereby directed and authorized to grant preferred and special treatment to the needs and requirements of the Department of Education, the Institute of Puerto Rican Culture and the University of Puerto Rico with regard to time, hours and price, among others, in harmony with a sound programming policy, when establishing the plans for the programming and use of the broadcasting facilities.
History —Sept. 12, 1996, No. 216, § 13.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-29a/521/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 29A - Drama Series, Miniseries and Made-for-TV Movie Production Program (§§ 521 — 527)›§ 521 - Creation
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 29A - Drama Series, Miniseries and Made-for-TV Movie Production Program (§§ 521 — 527) › § 521 - Creation
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The “Lucy Boscana Soap Operas, Miniseries and Specials Fund” in the Puerto Rico Public Broadcasting Corporation is hereby created, for the sole and exclusive purpose of promoting, planning and coordinating the production of television programs, soap operas, miniseries, or specials with the participation of local actors.
History —Aug. 29, 2000, No. 223, § 1, renumbered as § 2 and amended on Aug. 8, 2002, No. 122, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-29a/522/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 29A - Drama Series, Miniseries and Made-for-TV Movie Production Program (§§ 521 — 527)›§ 522 - Appropriation
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 29A - Drama Series, Miniseries and Made-for-TV Movie Production Program (§§ 521 — 527) › § 522 - Appropriation
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A special recurring appropriation of one million [dollars] ($1,000,000) a year is hereby established, from unencumbered funds in the Commonwealth Treasury, to be appropriated to the Puerto Rico Public Broadcasting Corporation, with the purpose of defraying the expenses of the production and programming of drama series, miniseries or made-for-TV movies with Puerto Rican themes.
History —Aug. 29, 2000, No. 223, § 2, renumbered as § 3 on Aug. 8, 2002, No. 122, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-29a/523/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 29A - Drama Series, Miniseries and Made-for-TV Movie Production Program (§§ 521 — 527)›§ 523 - Appropriation—Use
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 29A - Drama Series, Miniseries and Made-for-TV Movie Production Program (§§ 521 — 527) › § 523 - Appropriation—Use
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The funds authorized by this chapter shall be appropriated, distributed and used by the Puerto Rico Public Broadcasting Corporation to defray the expenses of producing and programming drama series or miniseries for television and to guarantee the yearly continuity of programs of this nature.
History —Aug. 29, 2000, No. 223, § 3, renumbered as § 4 on Aug. 8, 2002, No. 122, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-29a/524/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 29A - Drama Series, Miniseries and Made-for-TV Movie Production Program (§§ 521 — 527)›§ 524 - Appropriation—Special character
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 29A - Drama Series, Miniseries and Made-for-TV Movie Production Program (§§ 521 — 527) › § 524 - Appropriation—Special character
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This recurring appropriation shall be of a special character and shall be appropriated each year to the Puerto Rico Public Broadcasting Corporation, for the purposes stated above, without being charged to or considering any other appropriation of funds, including the funds appropriated in the General Expenses Budget of the Government of Puerto Rico.
History —Aug. 29, 2000, No. 223, § 4, renumbered as § 5 on Aug. 8, 2002, No. 122, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-29a/525/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 29A - Drama Series, Miniseries and Made-for-TV Movie Production Program (§§ 521 — 527)›§ 525 - Annual report
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 29A - Drama Series, Miniseries and Made-for-TV Movie Production Program (§§ 521 — 527) › § 525 - Annual report
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It shall be the obligation of the Puerto Rico Public Broadcasting Corporation to ascertain that the funds thus appropriated annually are being used exclusively for the purposes set forth in this chapter. The Corporation shall also render an annual report to the Legislature on the work performed in compliance with the ends and purposes consigned in this chapter.
History —Aug. 29, 2000, No. 223, § 5, renumbered as § 6 on Aug. 8, 2002, No. 122, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-29a/526/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 29A - Drama Series, Miniseries and Made-for-TV Movie Production Program (§§ 521 — 527)›§ 526 - Regulations
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 29A - Drama Series, Miniseries and Made-for-TV Movie Production Program (§§ 521 — 527) › § 526 - Regulations
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The Puerto Rico Public Broadcasting Corporation shall promulgate the norms, regulations and procedures for the implementation of the provisions contained in this chapter.
History —Aug. 29, 2000, No. 223, § 6, renumbered as § 7 on Aug. 8, 2002, No. 122, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-29a/527/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 29A - Drama Series, Miniseries and Made-for-TV Movie Production Program (§§ 521 — 527)›§ 527 - Funds
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 29A - Drama Series, Miniseries and Made-for-TV Movie Production Program (§§ 521 — 527) › § 527 - Funds
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The funds appropriated in this chapter may be matched with contributions from the private sector or with any other funds of the Commonwealth or Municipal Governments, or the Government of the United States of America.
History —Aug. 29, 2000, No. 223, § 7, renumbered as § 8 on Aug. 8, 2002, No. 122, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-30/531/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 30 - Prepaid Cellphone Registry (§§ 531 — 539)›§ 531 - Creation
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 30 - Prepaid Cellphone Registry (§§ 531 — 539) › § 531 - Creation
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A prepaid cellphone registry is hereby created attached to the Telecommunications Regulatory Board.
History —Dec. 27, 2011, No. 280, § 1, eff. 90 days after Dec. 27, 2011.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-30/532/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 30 - Prepaid Cellphone Registry (§§ 531 — 539)›§ 532 - Definitions
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 30 - Prepaid Cellphone Registry (§§ 531 — 539) › § 532 - Definitions
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For purposes of this chapter, the following terms shall have the meaning stated below:
(a) Board.— The Telecommunications Regulatory Board of Puerto Rico, which is the agency responsible for regulating telecommunications services in Puerto Rico, as is established in §§ 265 et seq. of this title, known as the “Puerto Rico Telecommunications Act of 1996”.
(b) Telephone company.— Any natural or juridical person that, whether partially or totally, directly or indirectly, possesses, controls, administers, operates, manages, supplies, or resells any telecommunications service in Puerto Rico.
(c) Commercial entity.— Any natural or juridical person, or business establishment such as a pharmacy, gas station, department store, supermarket, etc., that sells prepaid cellphones.
(d) Owner.— Any natural or juridical person that owns or controls a prepaid mobile telephone device.
(e) Prepaid mobile telephone device.— Any telephone or other device used for telephone communication or to share information through a cellular network to which a telephone number is assigned and is activated through a telephone service provider; it includes interchangeable Subscriber Identification Modules (SIMs) that serve to activate and connect the device to a network, when a telephone number is assigned thereto, whether they are purchased together with the device or separately.
History —Dec. 27, 2011, No. 280, § 2, eff. 90 days after Dec. 27, 2011.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-30/533/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 30 - Prepaid Cellphone Registry (§§ 531 — 539)›§ 533 - Powers and authorities of the Board
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 30 - Prepaid Cellphone Registry (§§ 531 — 539) › § 533 - Powers and authorities of the Board
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For purposes of the prepaid cellphone registry to be created, and pursuant to §267c of this title, the Board shall have primary jurisdiction over any telecommunications service, every person rendering these services in the Commonwealth of Puerto Rico, and every person with a direct or indirect interest in said services or companies. This shall include any commercial entity that sells prepaid cellphones.
The Board is hereby authorized and empowered to implement this chapter and to oversee faithful and full compliance therewith.
The information contained in the registry shall only be available to law enforcement agencies upon request while conducting a criminal investigation. The Board shall furnish the information free of charge and upon the filing of a complaint with the police, or the issue of an order by a court with jurisdiction in Puerto Rico.
History —Dec. 27, 2011, No. 280, § 3, eff. 90 days after Dec. 27, 2011.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-30/534/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 30 - Prepaid Cellphone Registry (§§ 531 — 539)›§ 534 - Rulemaking authority
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 30 - Prepaid Cellphone Registry (§§ 531 — 539) › § 534 - Rulemaking authority
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The members of the Board shall adopt regulations as are necessary to establish, among other things, all the rules and standards needed to achieve the purposes of this chapter. These regulations shall be adopted pursuant to §§ 2101 et seq. of Title 3, known as the “Commonwealth of Puerto Rico Uniform Administrative Procedures Act”.
History —Dec. 27, 2011, No. 280, § 4, eff. 90 days after Dec. 27, 2011; June 1, 2012, No. 102, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-30/535/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 30 - Prepaid Cellphone Registry (§§ 531 — 539)›§ 535 - Prepaid cellphone registry; requirement to register phone numbers with the Board
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 30 - Prepaid Cellphone Registry (§§ 531 — 539) › § 535 - Prepaid cellphone registry; requirement to register phone numbers with the Board
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The Board shall be responsible for keeping and maintaining a registry of the telephone numbers of all prepaid mobile devices that are sold in Puerto Rico as established in this chapter. The registry to be maintained in this agency shall include the name, and street and mailing address of the owner of the device, as well as an alternative telephone number, the device’s telephone number, and the make, model, and serial number thereof.
Any telephone company, natural or juridical person, or commercial entity that sells a prepaid mobile telephone device shall require a photo identification at the time of purchase, and register, with the Board, the name, and street and mailing addresses of the owner of the device, as well as an alternative telephone number, the device’s telephone number, and the make, model, and serial number thereof.
Such registration shall be carried out within thirty (30) days after purchasing the device. The Board shall establish the procedures and forms necessary to fulfill this obligation. Said procedures and forms shall be included in the regulations adopted by the Board in accordance with this chapter.
Any telephone company that has sold prepaid cellphones before the effective date of this act is hereby required to submit to the Board a list of all the telephone numbers of those units and any other information it has, or may have acquired in the ordinary course of business, as required for purposes of the registry created herein, within thirty (30) days as of the effectiveness of this act.
Persons who own prepaid mobile devices as of the approval of this act shall have a term that shall not exceed sixty (60) days to register said devices with the Board. The Board is hereby empowered to extend said term up to sixty (60) additional days if it deems it necessary.
History —Dec. 27, 2011, No. 280, § 5, eff. 90 days after Dec. 27, 2011.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-30/536/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 30 - Prepaid Cellphone Registry (§§ 531 — 539)›§ 536 - Notice of change of address
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 30 - Prepaid Cellphone Registry (§§ 531 — 539) › § 536 - Notice of change of address
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Owners of prepaid mobile telephone devices shall be required to notify the Board of any change of address within thirty (30) days after the change.
History —Dec. 27, 2011, No. 280, § 6, eff. 90 days after Dec. 27, 2011.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-30/537/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 30 - Prepaid Cellphone Registry (§§ 531 — 539)›§ 537 - Notice of new owner
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 30 - Prepaid Cellphone Registry (§§ 531 — 539) › § 537 - Notice of new owner
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Any natural or juridical person that purchases or receives, as a gift, a prepaid mobile telephone device that was previously registered with the Board by a former owner shall be required to notify the Board within thirty (30) days after acquiring said device.
History —Dec. 27, 2011, No. 280, § 7, eff. 90 days after Dec. 27, 2011.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-30/538/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 30 - Prepaid Cellphone Registry (§§ 531 — 539)›§ 538 - Penalties
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 30 - Prepaid Cellphone Registry (§§ 531 — 539) › § 538 - Penalties
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Any telephone company, natural or juridical person, or commercial entity that violates the provisions of this chapter shall be guilty of an administrative offense and shall be punished by a fine of up to twenty-five thousand dollars ($25,000) per each violation.
History —Dec. 27, 2011, No. 280, § 8, eff. 90 days after Dec. 27, 2011.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-ii/chapter-30/539/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART II - Communications (§§ 265 — 539)›Chapter 30 - Prepaid Cellphone Registry (§§ 531 — 539)›§ 539 - Special Fund
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART II - Communications (§§ 265 — 539) › Chapter 30 - Prepaid Cellphone Registry (§§ 531 — 539) › § 539 - Special Fund
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The moneys collected on account of the administrative fines imposed in accordance with this chapter, or the regulations adopted thereunder, shall be deposited in a Special Telecommunications Regulatory Board Fund, without it being subject to the public policy established in §§ 283—283p of Title 3, known as the “Puerto Rico Government Accounting Act”.
The money deposited in the Fund shall be transferred to the Board to be used to defray a portion of the operating, fiscal, and administrative expenses incurred in connection with the implementation of this chapter.
History —Dec. 27, 2011, No. 280, § 9, eff. 90 days after Dec. 27, 2011.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-51/1001/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 51 - Terminology and General Provisions (§§ 1001 — 1003)›§ 1001 - Short title
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 51 - Terminology and General Provisions (§§ 1001 — 1003) › § 1001 - Short title
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The short title of this part shall be the “Puerto Rico Public Service Act”.
History —June 28, 1962, No. 109, p. 288, § 1, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-51/1002/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 51 - Terminology and General Provisions (§§ 1001 — 1003)›§ 1002 - Terminology
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 51 - Terminology and General Provisions (§§ 1001 — 1003) › § 1002 - Terminology
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For purposes of this part, unless the context clearly states otherwise:
(a) Corporation.— Includes a corporation, cooperative, community, trust, and any other form of association or incorporation even if not having juridic personality independently of its members.
(b) Person.— Includes an individual, partnership, enterprise, association or corporation. It likewise includes lessees, trustees and judicial administrators or receivers of a person.
(c) Public service company.— Includes any public carrier, gas company, electric power company, graving dock company, transportation broker, dock operator, warehouse company, toll bridge company, nuclear power company, liquefied petroleum gas cylinders packaging, sales, repair, and reconstruction company, service and sale of meters for taxis and other public vehicles companies, and moving companies that offer or render their services or offer delivery services or deliver products for pay, to the public in general or a part thereof, in Puerto Rico. It does not include persons rendering service for their exclusive use or that of their tenants.
(d) Public carrier.— Includes every:
(1) Railroad company.
(2) Public vehicle enterprise.
(3) Taxi enterprise, except those taxicabs regulated by the Puerto Rico Tourist Ground Transportation Act.
(4) Motor vehicle freight transportation enterprise.
(5) Air transportation enterprise.
(6) Lease vehicle enterprise offered to render, or that renders transportation of cargo or passengers for pay, to the general public or part thereof. The term shall apply to public contract carriers.
(e) Railroad enterprise.— Includes any person who owns, controls, operates, or manages any railroad, and shall be governed by the legal provisions existing before the approval of this part and which are not in conflict herewith.
(f) Public vehicle enterprise.— Includes any person who owns, controls, operates or manages any motor vehicle used for the transportation of passengers and baggage incidental to the transportation thereof, regardless of its capacity and whether or not such transportation is carried out between fixed or irregular terminals, as a public carrier. This does not include taxi or tour enterprises.
(g) Taxicab enterprise.— Includes any person who as a public carrier owns, controls, operates or manages any motor vehicle of a capacity not over seven (7) passengers, used for the transportation of passengers and of baggage incidental to the transportation thereof, over any public thoroughfare, [with the exception of] taxicabs regulated by the Puerto Rico Tourist Ground Transportation Act, §§ 6754–6847 of Title 23.
(h) Motor vehicle freight transportation enterprise.— Includes any person who, as a public carrier, owns, controls, operates, or manages any motor vehicle used for the transportation of freight over any public overland highway, regardless of whether or not such transportation is carried out between fixed terminals or through regular or irregular routes.
(i) Air transportation company.— Includes any person who, as a public carrier, owns, controls, operates or manages any kind of vehicle used for the transportation by air of passengers or baggage by air between points in Puerto Rico.
(j) Tour company.— Includes any person who, as a public carrier, owns, controls, operates or manages any kind of watercraft used for the transportation of passengers or baggage incidental to the transportation of the former by air, between points in Puerto Rico, for the purpose of sight-seeing interesting, picturesque or historic places, regardless of whether or not such transportation is carried out between fixed terminals or through regular or irregular routes.
(k) Car rental company.— Includes any person who owns, controls, operates or manages motor vehicles to be leased and operated by the lessees or by any person designated by the latter.
(l) Private carrier.— Includes any person, except public carriers, engaged, for pay, under individual contract or agreement, in the transportation of passengers or property in motor vehicles or watercraft between points in Puerto Rico even when said transportation is carried out incidental to the operation of any other business or activity whether or not for profit.
(m) Conveyance of passengers.— Includes all service connected with the safety, comfort or convenience of the person transported to his/her destination, and the receipt, transportation and delivery of his/her baggage.
(n) Transportation of property.— Includes all service connected with the transportation of property or freight, including the receipt, delivery, hauling, transfer, deflecting, carrying, ventilation, refrigeration, freezing, stowing, storing and handling thereof.
(o) Gas company.— Includes any person who owns, controls, operates, exploits, or manages as a public service company any plant or business in Puerto Rico for the import, production, generation, transmission, delivery, supply, or distribution of propane gas, processed or derived, or any liquid capable of being converted into propane gas and distributed by cylinders or any type of container for residential, commercial, and industrial purposes. Be it understood that gas “production” and “import” business are, among others, those refineries, import companies, distribution-wholesale companies and/or seaport terminals engaged in the import, production, generation, traffic, storage, distribution, or sale of liquefied petroleum gas or any other hydrocarbon mixture known as refinery gas, regardless of whether they sell or serve their product to a limited number of persons and/or wholesalers. However, the import, production, generation, transmission, delivery, supply, or distribution of natural gas, processed or derived, or any other liquid capable of being converted into natural gas, and distributed by pipeline, cylinder, or any type of container, whether for residential, commercial or industrial purposes are hereby excluded from this definition.
(p) Electric energy company.— Includes any person who owns, controls, operates or manages, as a public service company, any plant for the production, generation, transmission, delivery or supply of electricity for lighting, heating, or power.
(q) Telegraph company.— Includes any person who owns, controls, operates or manages, as a public service company, any plant used for telegraphic communication, whether wired or wireless.
(r) Plant.— Includes all real or personal property owned, controlled, operated or managed in relation with or to facilitate the business in which the public service company or private carrier is engaged.
(s) Dry dock company.— Includes any person who owns, controls, operates or manages, as a public service company, any dry dock.
(t) Transportation broker.— Includes any person, except travel agencies and those included within the term public carrier and bona fide employees or agents of such public carriers, who, as principal or agent, engages in the sale or offering for sale of any kind of transportation subject to the jurisdiction of the Commission, or undertakes negotiations, or offers through solicitation, advertisement or otherwise, to sell, provide, furnish, or contract or arrange for, transportation.
(u) Dock operator.— Includes any person who owns, controls, operates or manages any dock, pier, slip or structure used by watercraft in relation with or to facilitate the arrival or departure of passengers and the loading or unloading of property.
(v) Warehouser.— Includes any person, except dock operators, who owns, controls, operates or manages, as a public service company, any warehouse, building or structure where property is stored in relation with or to facilitate the transportation of property by public or private carriers, or where property is stored by the general public.
(w) Toll-bridge company.— Includes any person who owns, controls, operates or manages, as a public service company, any kind of bridge, equipment or facilities in Puerto Rico, used in relation with or to facilitate the passage of vehicles, persons or property.
(x) Nuclear power company.— Includes any person who owns, controls, operates or manages, as a public service company, any plant or factory in Puerto Rico for the production, generation, transmission, delivery or supply of electricity, steam, fuel or other power of whatever nature for any purpose, from all power generating sources, such as isotopes and other nuclear substances, as well as for the sale of the derivatives of the nuclear splitting byproducts.
(y) Service.— Is used in this chapter in its broadest sense, and includes any act performed and anything furnished or delivered and all equipment used or furnished by any public service company or private carrier in the fulfillment of its service and duties for its patrons, employees and for the public. It also includes the exchange of equipment between two or more public service companies or private carriers.
(z) Equipment.— Includes all the plant, as well as any property and equipment of a public service company or a public carrier, and each and every one of the means, devices and utensils which are the property of, are used, managed, controlled or supplied in connection with the business of any public service company or private carrier.
(aa) Tariffs.— Is used in its broadest sense and includes tariffs, charges, toll fees, prices or compensation. The use of any such terms, singly or jointly with one or more of them does not have the purpose of excluding the others.
(bb) Authorization.— Includes certificate of public convenience and necessity, license, permit, franchise, concession, power, right, privilege and temporary permit of any kind, issued by the Commission or by the extinct Executive Council. The use of any of these terms simply or jointly with one or more of them does not have the purpose of excluding the others.
(cc) Commission.— Means the Public Service Commission of Puerto Rico.
(dd) Officer.— Includes the owner, manager, director, president, secretary, treasurer or other officer, agent or employee of any public service company or private carrier.
(ee) Rule.— Means any ruling, regulation, standard, statement of policy of general application, or general order having force of law, including any amendment or repeal thereof, issued by the Commission to render effective, construe or make specific the legislation enforced or administered by the Commission. Said term does not include bylaws of the Commission which do not affect private rights or interests.
(ff) Practices.— Includes the practices, classifications, classes or items, rules and regulations of public service companies or private carriers.
(gg) Evidence of indebtedness.— Includes stock, promissory notes, trust certificates, bonds and other securities of any nature.
(hh) For pay.— Includes any remuneration paid, pledged or due, directly or indirectly.
(ii) Motor vehicle.— Shall mean any vehicle propelled by power other than muscular over water, land or rails or through air, including heavy motor vehicles, as defined in §§ 5001 et seq. of Title 9, except the following vehicles:
(1) Traction machine.
(2) Rollers.
(3) Tractors used exclusively for agricultural purposes.
(4) Power shovels.
(5) Deep well drilling machines.
(6) Small wheeled vehicles used in factories, warehouses and railroad stations.
(jj) Moving company.— Includes any natural or juridical person who owns, controls, operates or manages as a public service company any structure, premise or facility to carry out business deals, to provide, furnish or contract for the transportation of household appliances, furniture, household tools or new or used personal effects not intended for resale, including the packing when the parties so agree by contract.
(kk) Private vehicle company engaged in trade.— Includes any person who is not a public carrier or a contract carrier, and who transports in a motor vehicle, goods, freight or products of which he/she is the owner, lessee or depositary for the purpose of sale, rent or lease. This definition includes any person who uses a motor vehicle:
(ll) Tourist transport.— Includes every person who, without being a public or private carrier, transports passengers in tourist areas, and who transports said passengers, with or without pay, in a private vehicle whether they are their guests or tenants or not, even when said transportation is carried out incidentally to the operation of any other business or activity for profit or not.
(1) With a gross weight of ten thousand (10,000) pounds or more; or
(2) to transport hazardous materials, as defined through the regulations adopted by the Commission, or
(3) to transport ten (10) passengers or more, including the driver, who is carrying out any commercial activity other than the transportation of passengers.
(mm) Company for the service and sale of taxi meters.— Includes any person who, as the principal or agent thereof, controls, operates or administrates any business in Puerto Rico engaged in rendering the service of providing, supplying, selling, or offering to sell, install, repair, adjust or seal meters in taxis and other public vehicles. For purposes of this chapter, it shall be understood that a meter includes all the accessories and equipment used for its operation.
(nn) Company for the bottling, sale, repair and reconstruction of liquid petroleum gas cylinders.— Includes any person who as the principal or agent thereof controls, operates or administers any business in Puerto Rico engaged in rendering the service of providing, supplying, distributing, selling or offering to sell, manufacture, repair or reconstruct gas cylinders for the bottling of liquefied petroleum gas. For purposes of this chapter, it shall be understood that the bottling or cylinder includes the cylinder and all the accessories or equipment needed for the operation thereof.
(oo) Special bus.— A motor vehicle of a mid-size or greater capacity authorized to provide ground transportation services to passengers without luggage (and with luggage when incidental to such transportation) in any public thoroughfares of the Commonwealth of Puerto Rico, even when the transportation service is accessory or supplementary to the operation of any other business or activity, whether for profit or not.
(qq) Special bus company.— Any person who uses or intends to use one or more motor vehicles to provide ground transportation services to passengers without luggage (and with luggage when incidental to such transportation) in the public thoroughfares of the Commonwealth of Puerto Rico, even when the transportation service is accessory or supplementary to the operation of any other business or activity, whether for profit or not.
History —June 28, 1962, No. 109, p. 288, § 2; June 6, 1968, No. 74, p. 126; June 28, 1969, No. 124, p. 366; July 30, 1974, No. 264, Part 2, p. 307; Aug. 9, 1974, No. 16, Part 2, p. 624, § 3; June 30, 1975, No. 129, p. 377; June 22, 1977, No. 98, p. 219, § 1; July 6, 1985, No. 71, p. 248; May 15, 1986, No. 24, p. 60; May 24, 1986, No. 27, p. 65, § 1; July 9, 1986, No. 89, p. 295; June 4, 1990, No. 9, p. 65, § 1; Aug. 22, 1990, No. 50, p. 202, § 1; Sept. 12, 1996, No. 217, § 2; Aug. 29, 2002, No. 219, § 1; Dec. 19, 2002, No. 282, § 67; Aug. 28, 2003, No. 212, §§ 6, 7; Dec. 30, 2010, No. 241, § 2, eff. 30 days after Dec. 30, 2010; Aug. 16, 2012, No. 173, § 4; Sept. 5, 2014, No. 149, §§ 1, 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-51/1003/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 51 - Terminology and General Provisions (§§ 1001 — 1003)›§ 1003 - Exemption from regulations by Commission
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 51 - Terminology and General Provisions (§§ 1001 — 1003) › § 1003 - Exemption from regulations by Commission
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The public corporations and government instrumentalities which render services regulated by this part shall or shall not remain subject to the provisions herein, as provided in the statute creating each one of them, except as provided in this part in relation with municipal properties.
History —June 28, 1962, No. 109, p. 288, § 3, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-52/1051/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 52 - Organization of the Commission (§§ 1051 — 1060)›§ 1051 - Name and seal
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 52 - Organization of the Commission (§§ 1051 — 1060) › § 1051 - Name and seal
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The agency in charge of enforcing this part shall be known as the Public Service Commission of Puerto Rico. All orders and authorizations shall be issued in the name of the Public Service Commission of Puerto Rico, and all proceedings instituted by the Commission shall be in the name of the Commonwealth of Puerto Rico. It shall have an official seal with the words “Public Service Commission of Puerto Rico” and of such design as the Commission may prescribe. With it the Commission shall authenticate its proceedings, and the courts shall take official notice thereof.
History —June 28, 1962, No. 109, p. 288, § 4, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-52/1052/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 52 - Organization of the Commission (§§ 1051 — 1060)›§ 1052 - Composition
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 52 - Organization of the Commission (§§ 1051 — 1060) › § 1052 - Composition
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(a) The Commission shall be composed of seven (7) public service commissioners appointed by the Governor with the advice and consent of the Senate, of which one shall be its chairman.
The Chairman shall have discretion to allocate working areas in the adjudicative phase as well as the quasi-legislative and/or operational phase of the agency, to one or more associate commissioners.
The Commission shall operate in full, or at the discretion of the Chairman, divided into chambers composed of two (2) commissioners, who may operate and adjudicate cases apart from each other. Except as provided in § 1053 of this title, in the case of a tied vote as well as [in] those cases in which the Chairman may exercise his[/her] discretion to be part of a chamber, each chamber may definitely resolve the cases before its consideration through the signature of both commissioners on the resolutions and/or orders, without the need of any further procedure.
The Chairman, at his/her discretion, or by petition of any of the commissioners that compose one of the chambers, may remove any case from one chamber to the Commission in full.
(b) The members of the Commission shall be citizens of the United States and of the Commonwealth. No member of the Commission who is appointed by the Governor pursuant to the terms of this part shall hold any other remunerated office or position, or engage in any business, or practice any profession, or hold any position, or serve in or under any political party committee, but shall devote all his time to the duties of his office. No Commissioner shall have any direct or indirect interest in public service companies or private carriers subject to the jurisdiction of the Commission, or in entities within or outside of Puerto Rico affiliated with or interested in such public service companies or private carriers, and if he, voluntarily, acquired any interest, his office shall become vacant ipso facto; or if he acquired an interest in any other manner which is not voluntary, he shall, within a period of not more than one hundred and eighty (180) days after the date on which he may convey his title thereto, rid himself of such interest; and should he fail to do so, his office shall become vacant. No Commissioner or employee of the Commission may, after severance from service, represent any person or entity whatsoever before the Commission in any case in which he has intervened while in the service of the Commission.
(c) The Commissioners first appointed pursuant to this part shall hold office for terms of two (2), three (3) and four (4) years, respectively. The term for each one shall be fixed by the Governor, but their successors shall be appointed for a term of eight (8) years. Any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he/she succeeds. Vacancies occurring in the Commission shall in no way whatsoever impair the right of the remaining Commissioners to perform all the duties thereof, subject to the provisions of § 1053 of this title. Upon expiration of the term of any Commissioner, he/she may continue to hold office until his/her successor is appointed and takes charge of such office.
(d) Commissioners shall receive salaries or per diems as prescribed by law.
(e) The Chairman of the Commission shall be the executive officer thereof. He may designate an Associate Commissioner to act as Chairman in his absence.
(f) Upon the taking effect of this act, the incumbents of the present Commission shall continue to hold office at the same salaries and per diems they are now receiving, until the Commissioners provided by subsection (a) of this section are appointed and qualify according to the provisions of this section.
History —June 28, 1962, No. 109, p. 288, § 5; Apr. 17, 1963, No. 7, p. 11, § 5; July 7, 1973, No. 14, p. 782, § 1; July 30, 1974, No. 262, Part 2, p. 304; July 6, 2000, No. 115, § 1; July 16, 2010, No. 80, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-52/1053/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 52 - Organization of the Commission (§§ 1051 — 1060)›§ 1053 - Quorum
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 52 - Organization of the Commission (§§ 1051 — 1060) › § 1053 - Quorum
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Three (3) members of the Commission shall constitute a quorum for one session of the full Commission. Two (2) Commissioners shall constitute a quorum to take a decision when the Commission is divided into chambers. The Chairman shall be part of any of the two chambers to decide a tie vote that may arise in the decision of any matter of which a chamber may take cognizance, and, in his discretion, he may be part of a chamber in the decision of any other business.
History —June 28, 1962, No. 109, p. 288, § 6; July 7, 1973, No. 14, p. 782, § 1, retroactive to July 1, 1973.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-52/1054/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 52 - Organization of the Commission (§§ 1051 — 1060)›§ 1054 - Delegation of functions
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 52 - Organization of the Commission (§§ 1051 — 1060) › § 1054 - Delegation of functions
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(a) The Commission or its Chairman may, by order, assign or refer any matter to one or more Commissioners or to one or more employees or examiners, who shall be designated in said order, and who shall be empowered as stated in subsection (c) of this section.
(b) Any person aggrieved by any action taken in accordance with any order assigning or referring, may file a petition for review with the Commission within such time and in such manner as the Commission may by regulation prescribe. If the petition is granted, the Commission may reaffirm, modify, or leave without effect such action, or may order that a new hearing be held.
(c) Examiners shall have authority to:
(1) Administer oaths and take depositions;
(2) issue summonses;
(3) receive and pass upon pertinent evidence;
(4) take or cause to be taken depositions;
(5) regulate the course of the hearing;
(6) hold conferences to simplify matters upon consent of the parties (to this end the Commission’s Bureau of Legal Matters shall be deemed a party);
(7) dispose of suit processes or similar matters, and
(8) recommend decisions.
(d) Any Commissioner or employee of the Commission designated to preside over a hearing or inquiry shall have the same powers provided for examiners in subsection (c) of this section.
(e) The following powers and duties shall be delegated to the directors of the regional offices:
(1) Granting of extensions for inspection.
(2) Authorization of license plate reinstatement.
(3) Authorization of applications to render ineffective substitutions, exchanges, or any other procedure delegated to the regional offices.
(4) Approval of the substitution of vehicles within the authorized term.
(5) Issue and renewal of operator’s licenses within the established parameters.
(6) Authorize the exchange of routes and vehicles.
(7) Renewal of authorizations filed on time.
(8) Issue provisional permits to:
(A) Operate vehicles to transport workers.
(B) Operate substitute vehicles.
(C) Operate vehicles with PD, HD, or RD license plates.
(9) Take of certificates of improvements to rental vehicles [sic].
(10) Taking of oaths.
(11) Issuance of summons.
(12) Imposition of administrative fines within the established parameters.
(13) Issue authorizations to change license plates.
(14) Authorize the transfer of authorizations and/or units and ratify the substitutions and reinstatement of license plates within the term of one year from the authorization date, and any others that the Commission may deem necessary and convenient from time to time in order to expedite the procedures in the Public Service Commission. Provided, That the directors of the regional offices shall not authorize any transfer of authorizations or units in those cases established through regulations by the Commission or when the documents filed by the applicant show any irregularity on their face.
The Public Service Commission shall adopt the rules needed to exercise the powers conferred herein.
Any person injured by actions carried out pursuant to the provisions of this section may present a request for reconsideration to the Commission within the term prescribed in the Public Service Commission Rules of Procedure in force. Should the reconsideration be granted, the Commission may ratify, modify, or render ineffective such action, or order a public hearing to be held.
History —June 28, 1962, No. 109, p. 288, § 7; June 22, 1992, No. 14, § 1; Aug. 12, 1998, No. 232, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-52/1055/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 52 - Organization of the Commission (§§ 1051 — 1060)›§ 1055 - Duties of the Secretary
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 52 - Organization of the Commission (§§ 1051 — 1060) › § 1055 - Duties of the Secretary
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The Commission shall have a Secretary to be appointed by it. It shall be his duty to keep the files of the Commission and a full and true record of all proceedings thereof. He shall be the custodian of the minutes and proceedings of the Commission, and shall file and preserve all documents which may be entrusted to him, processing same as the Commission may direct.
Under the direction of the Chairman, the Secretary shall give notice of all determinations, rulings and orders of the Commission. He shall prepare for service such documents and notices as may be required of him by the Commission, and shall perform such other duties as the Commission may prescribe. He shall have power to administer oaths in all proceedings before the Commission.
The Chairman shall designate the Secretary or any other employee to act as disbursing officer and collector of the Commission with respect to requisitions, disbursements and collections. Before entering upon the duties of his office, he shall give a bond in favor of the Commonwealth of Puerto Rico in the sum of ten thousand dollars ($10,000), conditioned on the faithful performance of his official duties. The premiums of such bond shall be paid from the funds appropriated to the Commission.
The Commission shall also have an Assistant Secretary who shall be appointed by the Chairman. It shall be his duty to perform the duties of the Secretary in his absence, and such other duties as the Chairman may determine. The Assistant Secretary, like the Secretary, shall have power to administer oaths in any proceeding before the Commission.
History —June 28, 1962, No. 109, p. 288, § 8, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-52/1056/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 52 - Organization of the Commission (§§ 1051 — 1060)›§ 1056 - Personnel
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 52 - Organization of the Commission (§§ 1051 — 1060) › § 1056 - Personnel
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The Chairman shall appoint the experts, examiners, clerks, and other employees that may be necessary. The compensation of the examiners and experts shall be fixed by the Commission. All other employees of the Commission shall be subject to the provisions of the Personnel Act, No. 345, approved May 12, 1947.
History —June 28, 1962, No. 109, p. 288, § 9, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-52/1057/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 52 - Organization of the Commission (§§ 1051 — 1060)›§ 1057 - Filing and inspection fees
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 52 - Organization of the Commission (§§ 1051 — 1060) › § 1057 - Filing and inspection fees
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Within the term of sixty (60) days counting from the effective date of this act, the Commission shall issue an order fixing the fees that it shall collect for the inspection of vehicles, sites and enterprises, and for the filing of authorization applications. In no case will the inspection and filing fees exceed twenty-five dollars ($25) and five hundred dollars ($500), respectively. The inspection and filing fees shall be established through regulations approved pursuant to §§ 2101 et seq. of Title 3. The collections officer shall keep a record of the fees collected and will deliver them to the Secretary of the Treasury.
History —June 28, 1962, No. 109, p. 288, § 10; Aug. 22, 1990, No. 50, p. 202, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-52/1058/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 52 - Organization of the Commission (§§ 1051 — 1060)›§ 1058 - Principal office
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 52 - Organization of the Commission (§§ 1051 — 1060) › § 1058 - Principal office
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The principal office of the Commission shall be in the Capital of Puerto Rico.
History —June 28, 1962, No. 109, p. 288, § 11, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-52/1059/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 52 - Organization of the Commission (§§ 1051 — 1060)›§ 1059 - Meetings
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 52 - Organization of the Commission (§§ 1051 — 1060) › § 1059 - Meetings
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The Commission shall hold regular meetings at regular intervals at least twice a month in its offices, and may hold special meetings at any time and place in Puerto Rico.
History —June 28, 1962, No. 109, p. 288, § 12, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-52/1060/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 52 - Organization of the Commission (§§ 1051 — 1060)›§ 1060 - Printing of decisions
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 52 - Organization of the Commission (§§ 1051 — 1060) › § 1060 - Printing of decisions
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In the year following the taking effect of this act, and in succeeding years, the Commission shall cause to be printed all decisions issued by it and deemed of interest in reference to the construction of the public service law and regulations. These shall be available for sale at a price sufficient to cover printing and distribution expenses. Revenues from this source shall be delivered to the Secretary of the Treasury. The copies of the decisions shall be available in the Commission’s Office for examination and study, free of charge.
History —June 28, 1962, No. 109, p. 288, § 13, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1101/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1101 - General powers
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1101 - General powers
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(a) The Commission is hereby empowered to grant all authorizations of a public nature for whose granting no other legal procedure has been fixed, including the right to use or cross public highways or public water riverbeds at grade, above grade or below grade, and to regulate public service companies and contract carriers, including the assignment of public vehicles which will use parking lots (terminals) which are provided for passenger carriers by municipal legislatures or by the Department of Transportation and Public Works, which shall keep the Commission informed of the existing or proposed parking lots (terminals) in order for the Commission to be able to discharge such function, taking into consideration factors such as public peace, cooperation between carriers, and between these and the public, the parking lot (terminal) vehicle capacity and the facilities it provides for public service, among others.
The Commission shall be empowered to regulate the private vehicle enterprises engaged in business. Any regulation that is established for these private vehicle enterprises engaged in business shall only cover the aspect related to their safety.
The Commission shall be empowered to regulate, investigate, intervene, and impose sanctions on persons engaged in rendering special bus services or on special bus companies as such terms are defined in this chapter. Any person interested in engaging in the rendering of said transportation shall follow the procedures adopted by the Commission for such purposes.
In granting authorization for public transportation, the Commission shall consider the Transportation Plan prepared by the Secretary of the Department of Transportation and Public Works and approved by the Governor as one of the criteria of necessity and convenience, as provided by §§ 2001 et seq. of Title 9.
(b) The Commission shall be further empowered to impose administrative fines and other administrative sanctions under this part, to carry out investigations and interventions, to require any type of information that may be necessary for the proper fulfillment of its powers, to direct or request from the courts, through the public interest attorneys, that they order the cessation of activities or acts under §§ 1262 [and] 1262a of this title or of any other provision of this part; to impose and order the payment of costs, expenses, and lawyer fees; as well as the payment of expenses and fees for professional and advisory services, incurred in the investigations, hearings, and proceedings before the Commission, and to order that any such act be performed in compliance of the provisions of this part.
(c) The powers and faculties provided in subsections (a) and (b) of this section shall be enforceable not only with regard to public service companies, contract carriers, private vehicle companies engaged in commerce, persons engaged in tourist transport, as defined in this part, and entities acting as public service companies or contract carriers, but also with respect to:
(1) Every person or entity who violates the provision of this part.
(2) Every person or entity whose actions affect or may affect the rendering of any public service.
(3) Every person or entity who carries out any activity for which it is necessary to obtain an authorization or endorsement from the Commission.
(4) Every person or entity whose actions or omissions may be damaging to the activities, resources or interests with regard to which the Commission has powers of regulation, supervision or surveillance.
History —June 28, 1962, No. 109, p. 288, § 14; May 31, 1972, No. 60, p. 134; June 27, 1974, No. 104, Part 1, p. 345; June 12, 1980, No. 120, p. 435; May 24, 1986, No. 27, p. 65, § 2; June 4, 1990, No. 9, p. 65, § 2; Mar. 6, 1991, No. 1, § 10; Dec. 19, 2002, No. 282, § 68; Aug. 2, 2006, No. 141, § 1; Aug. 16, 2012, No. 173, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1102/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1102 - Detailed and permanent inventory
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1102 - Detailed and permanent inventory
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The Commission may require any public service company or private carrier to make and keep a continuing detailed and exact record of all useful property used for the public service rendered thereby, and it may require, further, that the said public service company or private carrier keep its books, accounts, and records so as to at all times show the original cost of said physical property, as well as the reserves accumulated for paying for the withdrawal or replacement thereof.
History —June 28, 1962, No. 109, p. 288, § 15, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1103/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1103 - New rates or charges; suspension
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1103 - New rates or charges; suspension
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(a) A petition shall be filed before the Commission for the approval of all new rates or rate modifications. The Commission shall publish a notice of the petition in the press of the country, and offer to all the parties affected an adequate opportunity to be heard in the proceedings carried out, to determine if the petition is approved or not. The rate petitioned shall not be in force during the lapse of such proceedings. The Commission may prescribe the order as it may deem proper as if it were a proceeding originated pursuant to § 1104 of this title.
(b) The Commission, on determining or prescribing fair and reasonable rates, shall be empowered to consider among other things, the grade of efficiency, fitness and adequacy of the available facilities and of the services rendered. It may also consider the value of such services to the public and the potentiality of a public service company to improve said facilities and services. As stipulated in subsection (a) of this section, the Commission shall grant a fair and reasonable profit based on the fair and reasonable rate determined and prescribed for a public service company.
(c) In any rate proceeding, the onus probandi shall rest upon the public service company or private carrier concerned.
History —June 28, 1962, No. 109, p. 288, § 16; June 20, 1970, No. 21, p. 445; June 27, 1974, No. 103, Part 1, p. 341, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1104/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1104 - Power to prescribe fair and reasonable rates
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1104 - Power to prescribe fair and reasonable rates
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(a) Whenever the Commission shall determine that any rate infringes any provision of this part, or is unreasonable, it shall determine and prescribe the fair and reasonable rate to be charged. In establishing the rates for common carriers, the Commission does not have to consider the latter individually, but it may base its findings on the general situation of the regulated activity.
(b) Whenever the Commission shall determine that any minimum rate of any private carrier is incompatible with the public interest, and offers advantages or undue preferences to such private carrier as in competition with any motor vehicle freight transportation enterprise or other common carrier, or otherwise jeopardizes the stability of the transportation system in Puerto Rico, the Commission may prescribe such fair and reasonable minimum rates as in its judgment may be necessary or desirable, according to the provisions of this part. In order to reach a decision, the Commission shall give due consideration to the expenses incurred by said carrier in the rendering of its services, to the effect that such minimum rate will have on the volume of business of said carrier, and to the necessity of promoting in Puerto Rico a safe, suitable, efficient and economic transportation system, free from unfair or destructive competitive practices.
(c) The Commission shall give an opportunity to be heard to all such parties that might be affected by its findings under subsections (a) and (b).
History —June 28, 1962, No. 109, p. 288, § 17; June 27, 1974, No. 103, Part 1, p. 341, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1105/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1105 - Establishment of standards for service and equipment; insurance
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1105 - Establishment of standards for service and equipment; insurance
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(a) The Commission, after giving the affected parties an opportunity to be heard through their participation in quasi-legislative hearings or in writing, may establish service standards and determine the equipment to be used therefor by the public service companies which are reasonable and necessary for the safety, comfort or convenience of its patrons, employees and the public, in the rendering, accounting and evaluating of their services. After granting the parties the opportunity to be heard through their participation in quasi-legislative hearings or in writing, the Commission may also require public service companies to make all such repairs, changes, alterations, additions, extensions and improvements in and about their equipment and service as may be reasonable, necessary and proper for the safety, comfort, convenience and service of its patrons, employees and the public, as well as for rendering and the accounting of its services. The regulation of car rental enterprises shall include the inspection of their vehicles, the fixing of liability insurance, any and all regulations pertaining to the signage of rented cars, and the prohibition of the use of stickers, drawings, signs or stamps which identify the rental nature of said vehicles, and any other regulation the Commission deems necessary pursuant to §§ 1101 and 1108 of this title.
(b) The Commission may require public service companies to file insurance policies or copies thereof, or to post bonds, or to qualify as self-insurers, for such amounts as the Commission may consider reasonably necessary to guarantee payment within the limits required by any final judgment obtained against the company or carrier in question, for any damages caused to any person or property as the result of the negligent or culpable acts or omissions of the company or carrier. This provision shall not apply to public vehicles (P) or public owners (PO).
(c) The Commission shall have the same authority as provided in subsections (a) and (b) of this section with regard to private carriers, except that it may not require them to carry out improvements or extensions to the service or to increase their properties.
History —June 28, 1962, No. 109, p. 288, § 18; June 7, 1977, No. 46, p. 97; July 26, 1979, No. 193, p. 547, § 1; Apr. 30, 1996, No. 32, § 1; Dec. 19, 2002, No. 282, § 69, eff. 180 days after Dec. 19, 2002.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1106/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1106 - Provisional rates
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1106 - Provisional rates
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(a) In any proceeding involving the reasonableness of the rates of any public service company the Commission may, after giving to the parties concerned an adequate opportunity to be heard, in those cases where, in its judgment, such action is required for the public benefit, fix provisional rates which shall be put into effect by the public service company concerned, during the time necessary for the determination of the rates that must be finally authorized or prescribed. When in its judgment the conditions which prevail in an enterprise are such as to require immediate action, the Commission may waive the requisite of hearing, and make its findings in accordance with the information available.
(b) The provisional rates thus prescribed shall be in effect until final resolution of the rate proceeding. If after the fixing of rates, the Commission or the court of review finds that the provisional rates fixed by the Commission are not just and reasonable it shall permit the public service company concerned to recover through a temporary increase on the definite rates, the sum representing the difference between the gross income obtained by reason of the temporary rates and the gross income which would have been obtained had just and reasonable provisional rates been fixed.
History —June 28, 1962, No. 109, p. 288, § 19; July 23, 1974, No. 196, Part 2, p. 78.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1107/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1107 - Determination of damages
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1107 - Determination of damages
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(a) When the Commission, after a hearing, determines that any rate collected, act done or omitted, or practice put into effect, has violated any order, or is unfair or unreasonable, or establishes unfair or undue preferences, or that the rate collected exceeds the rate filed, published and effective at the time the service was rendered, it may order the public service company or private carrier to pay to the party aggrieved, within a reasonable specified time, for the damages sustained due to the rate, act, omission, or unfair, unreasonable or unlawful practice. The order issued to that effect shall set forth the findings of fact and the amount to be paid.
(b) If the public service company or private carrier does not comply with the aforesaid order for the payment of money within the time fixed, the person to whom such payment is directed to be made may bring action therefor, which action, whatever the amount involved, shall be prosecuted according to Rule 60 of Civil Procedure in force. The order of the Commission shall be prima facie evidence of the facts therein stated, and that the amount awarded is justly due the plaintiff in such suit. The public service company or private carrier sued may not plead as a defense that the service was in fact rendered to plaintiff at the price stipulated in its rate in force at the time payment was made and received.
(c) No reparation shall be awarded by the Commission unless the complaint or petition shall have been filed before it within two years from the time the chose of action arose. Suit for the enforcement of an order for such payment shall be commenced within one year from the date of the order.
(d) No action shall be brought on account of damages or losses to which this section refers until the Commission shall have determined that the rate, act or omission in question was unfair, unreasonable, or unjustly discriminatory or unduly or unreasonably preferential, or in excess of the prices under said rates, and such action shall be restricted to recover such damages as the Commission may have awarded and ordered paid.
(e) As part of the proceedings, the Commission may order defendant to discontinue to charge the rate or to carry out or omit the act or practice the object of the complaint and, to such effect, it may require from plaintiff to deposit in the Secretariat a reasonable sum in harmony with the amount justified by the terms of the complaint and subject to any further determination which the Commission may later make.
History —June 28, 1962, No. 109, p. 288, § 20, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1108/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1108 - Judicial and administrative actions
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1108 - Judicial and administrative actions
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It shall be the duty of the Commission to require that the Secretary of Justice, on behalf of the Commonwealth of Puerto Rico, [institute] those civil or criminal procedures that may be necessary to enforce the provisions of this part and the rules approved thereunder. The resources of appeal shall be instituted through the Office of the Solicitor General attached to the Department of Justice. When the action to be instituted is to enjoin and bar public service companies, contract carriers or persons from committing or continuing to commit any act or to punish any acts committed in violation of the provisions of this part, the same may be instituted by the public interest attorneys of the Commission. In addition to the judicial actions established in this part, the Commission is hereby empowered to impose administrative penalties and fines for violations of this part and the rules approved thereunder incurred by public service companies, contract carriers or by any person subject to its provisions. Administrative fines shall not exceed ten thousand dollars ($10,000) for each violation, it being understood that each day the violation persists shall be deemed as a separate violation up to a maximum of two hundred and fifty thousand dollars ($250,000). Administrative fines imposed pursuant to this part shall never exceed five percent (5%) of the gross sales, fifteen percent (15%) of the net income or ten percent (10%) of the net assets of the enterprise or person penalized, whichever is greater, corresponding to the most recent taxable year. In the event a public service company, contract carrier or other person subject to the provisions of this part shows contumacy in the commission or continuation of actions for which an administrative fine has been imposed or in the commission or continuation of actions in violation of this part and its regulations, or shows contumacy in obeying any order or resolution issued by the Commission, the latter may, in the exercise of its discretion, impose administrative fines of up to a maximum of fifty thousand dollars ($50,000) a day, it being understood that every day the violation persists shall be deemed as a separate violation up to a maximum of five hundred thousand dollars ($500,000) for any of the actions set forth herein. In such cases of contumacy and through the unanimous decision of the Commission, fines may be imposed for up to double the limits on the basis of sales, income or assets established in this part, up to maximum of five hundred thousand dollars ($500,000).
History —June 28, 1962, No. 109, p. 288, § 21; June 11, 1965, No. 15, p. 25; June 28, 1969, No. 119, p. 333; May 31, 1972, No. 84, p. 202; July 25, 1997, No. 50, § 1; Aug. 2, 2006, No. 141, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1109/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1109 - Accounting system
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1109 - Accounting system
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The Commission may provide the accounting system to be used by public service companies and private carriers. It shall also have the right to examine all accounts, records and notations kept by public service companies and private carriers, and may designate any of its officers or employees to examine them. In all proceedings in which the entries in the accounting system are involved, the burden of proof to establish the correctness thereof shall fall to the public service company or private carrier concerned, and the Commission may suspend any entry until said public service company or private carrier submits proof of its correctness. The Commission shall also have power to require the filing in its office of any information deemed by it necessary. The provisions of this section shall apply to any municipal corporation engaged in rendering or providing to the public any service of the kind and nature rendered or provided by public service companies or private carriers.
History —June 28, 1962, No. 109, p. 288, § 22; June 27, 1974, No. 103, Part 1, p. 341, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1110/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1110 - Petitions for authorizations
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1110 - Petitions for authorizations
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(a) Any petition to the Commission shall be granted only when the Commission determines that the granting or approval thereof is necessary or proper for the service, comfort, convenience or safety of the public.
(b) Except as hereinafter provided in this section, no person shall commence to operate as a public service company or private carrier, nor shall continue to operate as such were he already doing so, unless he holds a valid authorization from the Commission for such operations. The Commission may interfere with any person who, without providing himself with a valid authorization, acts as a public service company or private carrier, and may command said person, after granting him an opportunity to be heard, to cease such operations.
(c) If any public service company or private carrier has been operating in good faith on the effective date of this act and has since continued to operate, except for any seasonal nature of its operations or any interruptions in service over which such public service company or private carrier had no control, the Commission shall issue the authorization referred to in subsection (b) of this section, without requiring additional proof of the public necessity and convenience of such operations, and without further proceedings, provided the petition for such authorization is made to the Commission as provided in subsection (d) of this section, and within one hundred and eighty (180) days after this act takes effect. If such circumstances did not exist, the petition for such authorization shall be resolved in accordance with the procedure provided in subsections (e) and (f) of this section, and the authorization shall be granted or denied, as the case may be. It shall be lawful to continue such operations pending resolution of the petition.
(d) All petitions for authorization by the Commission shall be in writing and sworn to, shall be in such form, shall contain such information, and shall be accompanied by such proof of publication or notice to such interested parties, as the Commission may by regulation prescribe. Any person not covered by the provisions of subsection (c) of this section, and operating as a public service company or private carrier on the date this act takes effect, may continue his operations for a term of one hundred and eighty (180) days, on and after that date, without any authorization whatsoever from the Commission. If the said petition for authorization is filed with the Commission within that period of time, the said person may continue his operations as long as the Commission does not pass upon the petition.
(e) If upon examination of a petition under this section the Commission determines that the petitioner is able and willing and in a position adequately to comply with the applicable provisions of this part and the requirements and rules approved by the Commission, and that present or future public necessity and convenience require or will require the proposed operations to the extent the same are to be authorized, it shall authorize any or all parts of the operations covered by the petition. The Commission shall not grant such authorization to any public service company or private carrier if it finds, after a hearing, that the said company or private carrier began or continued its operations when authorization was required by this part to render such specific service.
(f) If after examining any petition filed under this section the Commission cannot arrive at the determinations required by subsection (e) of this section, it shall so notify the petitioner and all persons who may have filed written objections to the granting of the authorization, giving the grounds and reasons for not making the necessary determinations. The petitioner shall then be given a reasonable opportunity to answer such notification. If, after considering the answer, the Commission still cannot make the determination required by subsection (e) of this section, it shall deny the petition.
History —June 28, 1962, No. 109, p. 288, § 23; June 27, 1974, No. 103, Part 1, p. 341, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1111/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1111 - Granting authorizations, repeals, etc
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1111 - Granting authorizations, repeals, etc
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(a) All authorizations shall be subject to amendment, suspension or repeal by the Commission, and shall so provide when granted. No amendment, suspension or repeal of an authorization granted for the term of one year or more, with the exception of the provision contained in § 1262(a) of this title, shall be effective without the affected person having had the opportunity of a hearing after due notice and specification of the matters involved, pursuant to the provisions of § 1262 of this title. The Commission may stay the operations of an enterprise for violation of this part or of the rules it may promulgate, even though the violation may have been incurred only by one of the units operated by the enterprise. The suspension or repeal or revocation of a public or private carrier’s authorization automatically entails the suspension or repeal or revocation of the licenses granted by the Department of Transportation and Public Works of Puerto Rico.
(b) The Commission may prescribe the terms and conditions of the authorizations it grants. Likewise, it may require the payment of a periodic royalty for exercising the above and prescribing the manner and time in which the payments shall be made.
The fees collected on this account shall be covered into the books of the Secretary of the Department of the Treasury as a special fund separate from any funds received by the Public Service Commission.
The purpose of this special fund is to defray the non-recurring expenses for research and specialized studies, for contracting professional, advisory, non-professional and expert services, for productivity bonuses, for purchasing materials and supplies, and for whatever may be needed to improve the procedures and expedite the legal functions of the Commission so that the funds may be used to strengthen all appropriation items for the operational and functional expenses of the Public Service Commission.
The Commission shall submit to the Office of Management and Budget an annual budget of expenses chargeable to said special fund, which shall be approved before the resources deposited therein are used.
The remaining funds which by June 30 of each fiscal year have not been used or pledged for the purposes of §§ 1101 et seq. of this title, shall remain in the books of the dependencies for a maximum term of three (3) years. After this term has expired, said funds shall be cancelled taking into consideration any pertinent legal provision. The savings generated by said encumbered and unspent balance shall only be used to defray expenses of a non-recurring nature, that is to say expenses which do not encumber future budgets.
For the purposes of these subsections[sic], the dependencies are hereby authorized to establish an interest-bearing account in the Government Development Bank for Puerto Rico into which the savings resulting at the end of each fiscal year shall be partially or totally covered. Said account shall be governed by the following provisions:
(1) The principal of and interest on the resources covered into the account shall be used by the dependencies to defray expenses of a non-recurring nature. The interest on this account may be used to defray expenses of a recurring nature. To that effect, each dependency shall be responsible for maintaining an appropriate work plan, structured so that the account may provide a sufficient balance to meet the commitments incurred chargeable to said account.
(2) The term of three (3) years established in this subsection shall not apply to the resources thus covered into said account.
(3) In those cases in which the agency lacks a balance generated by the interest on the account, said agency shall defray the commitments contracted against said resources by charging the aforesaid to its own budget.
(4) These resources may not be used for other purposes, unless so provided by law.
(5) The Government Development Bank for Puerto Rico and the Department of the Treasury are herby authorized to establish the regulations and mechanisms needed for the latter to transfer the surplus of every fiscal year to the accounts corresponding to each dependency and to carry out the purposes of this section.
When granting authorizations for public transportation, the Commission shall consider as one of the criteria of necessity and convenience, the transportation plan drafted by the Secretary of the Department of Transportation and Public Works and approved by the Governor, pursuant to the provisions of §§ 2001 et seq. of Title 9.
(c) In every authorization granted pursuant to § 1110 of this title, the term of duration and the service to be rendered shall be specified. The Commission shall have the discretion to also specify the areas, sites or territories where the service will be rendered. The Commission may impose such reasonable terms, conditions and limitations as public necessity and convenience may demand in the exercise of the privileges granted by the authorization. Provided, That if public convenience and necessity require that the areas to be served by public vehicle enterprises be specified, the Commission shall design the most appropriate procedures, in accordance with the rights of the persons affected, to determine the routes to be served by the public vehicle enterprises that already have authorizations issued by the Commission at the time this determination is taken.
(d) No authorization shall be granted to public carriers to operate simultaneously over the same route or locality as private carriers or vice versa, unless, upon good cause shown, the Commission may determine that such dual operation is required for public necessity and convenience.
(e) The term of one hundred and eighty (180) days fixed in § 1110 of this title may be extended by the Commission if it considers such extension necessary or desirable for the purpose of fully complying with its duties under [this] part. Such term shall not be extended for a period longer than one year counting from the date this act takes effect.
(f) [Repealed. Act Aug. 9, 1974, No. 16, Part 2, § 2, eff. Aug. 9, 1974.]
History —June 28, 1962, No. 109, p. 288, § 24; Aug. 9, 1974, No. 16, Part 2, p. 624, §§ 1, 2; June 22, 1977, No. 98, p. 219, § 2; Nov. 29, 1989, No. 6, p. 550, § 1; Nov. 27, 1990, No. 7, p. 1447; Mar. 6, 1991, No. 1, § 12; Aug. 19, 1994, No. 95, § 1; Aug. 17, 1999, No. 268, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1111a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1111a - Cable television industries; requirements
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1111a - Cable television industries; requirements
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Subject to applicable provisions of federal legislation, every operator of a cable television industry shall design, reserve and offer access to non-commercial channels designated for public or educational use as part of the basic service so that every subscriber has access to these channels. The Commission will not grant any authorization for the operation of cable television industries unless the obligation provided above is complied with, in its entirety, to the satisfaction of the Commission, and the Commission shall record said compliance in the corresponding authorization.
History —June 28, 1962, No. 109, p. 298, added as § 24A on July 5, 1988, No. 62, p. 281.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1112/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1112 - Alienation or encumbrance of authorizations
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1112 - Alienation or encumbrance of authorizations
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No authorization shall be alienated or encumbered without the previous approval of the Commission. Nevertheless, in case of death or total and permanent disability of the person who owns, controls, operates or administers a motor vehicle considered to be the “working tool of its owner”, as defined by § 1-109 of Act July 20, 1960, No. 141, the authorization granted to him to that effect by the Commission shall go to his wife, if any, or to his surviving heirs or dependents, as the case may be, who, if, in the judgment of the Commission, are capable, willing and in condition to comply adequately with the applicable provisions of the act and with the requirements and rules approved by the Commission, may operate said vehicle under the authorization previously granted.
History —June 28, 1962, No. 109, p. 288, § 25; June 27, 1974, No. 102, Part 1, p. 340.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1113/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1113 - Issuance of stock or bonds under grants; dividends
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1113 - Issuance of stock or bonds under grants; dividends
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No stock or bonds shall be issued by persons to whom authorizations have been granted, except in exchange for actual cash or property appraised by the Commission. No dividends payable in stock or bonds may be declared without the previous approval of the Commission and it shall be so recited in the authorizations.
History —June 28, 1962, No. 109, p. 288, § 26, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1114/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1114 - Condemnation provision
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1114 - Condemnation provision
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All authorizations shall provide for the purchase or condemnation by the Government of Puerto Rico of the properties of the grantee or holder, under the conditions, for the price, and in the manner stipulated to that effect in the authorization.
History —June 28, 1962, No. 109, p. 288, § 27, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1115/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1115 - Approval by Governor
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1115 - Approval by Governor
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Authorizations of a public or quasi-public character granted by the Commission shall not be operative until approved by the Governor or by the executive officer to whom he may delegate.
History —June 28, 1962, No. 109, p. 288, § 28, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1116/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1116 - Existing authorizations not affected
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1116 - Existing authorizations not affected
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Nothing in this part shall be construed to violate the provisions of any authorization granted by the former Executive Council and in force. The Commission shall have power, after a hearing, to suspend, amend or repeal such authorizations and shall exercise all rights and powers reserved to the former Executive Council by such authorizations or by law.
History —June 28, 1962, No. 109, p. 288, § 29, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1117/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1117 - Authorizations affecting municipal corporations
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1117 - Authorizations affecting municipal corporations
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No authorization shall be granted which affects a municipality in the use of its streets or plazas without giving the mayor or municipal legislature affected an adequate opportunity to be heard. The Commission shall have authority, after such hearing, to settle disputes between a municipality and a public service company or private carrier, in relation with the use of the streets and plazas of said municipality. The decision of the Commission shall be final, subject only to the judicial review established by this part.
History —June 28, 1962, No. 109, p. 288, § 30; June 27, 1974, No. 103, Part 1, p. 341, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1118/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1118 - Determination of value of property of public service companies and private carriers
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1118 - Determination of value of property of public service companies and private carriers
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(a) The Commission shall have power to investigate and determine, for the purposes of this part, the value of the useful property used by any public service company or private carrier in the rendering of its services. To that effect it shall take into consideration the original cost of the property and depreciation thereof, and if necessary, such other valuation factors as, in its judgment, may bear relation to said value. These provisions shall not be construed to require the Commission to make use of any particular method or basis of valuation in those cases in which the latter deems it necessary and desirable to effectuate a valuation of the property for rating purposes.
(b) The Commission shall also have power to make revaluations of the property of any public service company or private carrier and to inquire into, establish and ascertain the value of new constructions, enlargements and additions thereto.
History —June 28, 1962, No. 109, p. 288, § 31, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1119/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1119 - Report on disposal of evidences of indebtedness
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1119 - Report on disposal of evidences of indebtedness
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The Commission may require public service companies or private carriers to report on the disposal and application of the proceeds of all sales or pledges of evidences of indebtedness or other securities.
History —June 28, 1962, No. 109, p. 288, § 32, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1120/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1120 - Examination of premises, books, and memorials
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1120 - Examination of premises, books, and memorials
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The Commission may, through its members, agents or employees, enter and examine the premises, equipment and documents of any public service company or private carrier. It shall also have access to and may use any information of record in any instrumentality or political subdivision of the Commonwealth of Puerto Rico.
History —June 28, 1962, No. 109, p. 288, § 33, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1121/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1121 - General investigating powers
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1121 - General investigating powers
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(a) The Commission shall, as such, through its individual members, examiners or duly authorized employees, have the powers established in subsection (c) of § 1054 of this title, including the power to subpoena witnesses, administer oaths, examine witnesses, take testimony, or compel the production of such books, papers and documents, as it may deem necessary and pertinent in any proceeding held by it, and to do all necessary acts in the exercise of its powers and duties. Whenever it shall find it necessary in the public interest, the Commission may refrain itself from giving publicity to the facts or reports obtained in the course of any investigation.
(b) The Commission may compel the public service companies and private carriers concerned to pay the expenses and fees incurred for professional and advisory services in the investigations, hearings or any other proceeding carried out with regard to such public service companies or private carriers.
(c) The Commission may compel any public service company or private carrier to pay, in addition to that established in subsection (b) of this section, any other expense in which the Commission may incur in the investigation of the books, accounts, practices and activities of the company or carrier concerned; any expense incurred in the investigations of the value of the profitable property and the property used by any public service company or private carrier in the rendering of their services.
(d) The Commission shall determine the manner in which and the time when payments shall be made upon previous approval of the accounts submitted by the persons rendering such services, and these payments shall be covered into a special investigation and evaluation fund of the Commission.
History —June 28, 1962, No. 109, p. 288, § 34; June 9, 1972, No. 95, p. 238; June 15, 1973, No. 2, p. 753.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1122/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1122 - Reports
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1122 - Reports
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The Commission may require any public service company, private carrier and other persons subject to its jurisdiction and to this part, to file before it the reports it may request. Likewise, any person owning or holding a controlling interest in any public service company or private carrier shall be subject to the jurisdiction of the Commission with respect to his relations with said enterprise.
History —June 28, 1962, No. 109, p. 288, § 35, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1123/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1123 - Rules
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1123 - Rules
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The Commission may adopt those rules that are necessary and convenient for the exercise of its powers or for the performance of its duties. Provided, That it may authorize those rules or regulations that shall determine the conduct of the users in those transportation means regulated by the Commission. These rules shall have the force of law once the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”, have been complied with.
History —June 28, 1962, No. 109, p. 288, § 36; Apr. 21, 1998, No. 67, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-53/1124/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124)›§ 1124 - Enumeration of powers not to exclude others
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 53 - Powers and Duties of the Commission (§§ 1101 — 1124) › § 1124 - Enumeration of powers not to exclude others
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The enumeration of the powers of the Commission made in this chapter does not imply exclusion of any other powers thereof under other provisions of this part.
History —June 28, 1962, No. 109, p. 288, § 37, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-54/1201/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 54 - Duties and Liabilities of Public Service Companies and Private Carriers (§§ 1201 — 1202)›§ 1201 - Public service companies
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 54 - Duties and Liabilities of Public Service Companies and Private Carriers (§§ 1201 — 1202) › § 1201 - Public service companies
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It shall be the duty of every public service company:
(a) Services and equipment.— To render its services when reasonably requested and to maintain adequate, efficient, just and reasonable services and equipment necessary to serve and promote the safety, health, comfort and convenience of its patrons and employees and of the public.
(b) Rates.— To render and furnish its services, or any portion thereof, for reasonable rates. Any unreasonable rate is illegal.
(c) Practices.— To establish, comply with, and put into effect reasonable practices with regard to the services and equipment rendered or to be rendered and their corresponding rates. Any unreasonable practice is illegal.
(d) Posting and filing of rates, regulations, etc.—
(1) To submit to the Commission, as it may require through rules for the purpose, and to publish and keep accessible to the public, rate schedules showing the rates and practices in force for any service offered or rendered by said company. Save when otherwise provided in this part, no public service company shall render any service until after the rate schedules have been submitted, published and taken effect, according to the provisions of this part and the rules adopted hereunder.
(2) If a common carrier, to file, in addition to the requirements of clause (1) of this subsection, as a part of said rate schedules, the time tables showing the distribution system of vehicles, vessels or other equipment used in the service rendered.
(3) To keep available for public inspection copies of said rate schedules, including time tables, at the places, in the number and manner and of the nature that the Commission may by rules prescribe. The Commission may, in its discretion, allow a public service company to publish and place at the disposal of the public, in addition to said rate schedules, simplified rate schedules. In case of discrepancy between such simplified schedules and those filed in the Commission, the schedules filed and in force shall prevail. The Commission may waive the requirement of the filing of rate schedules by any kind of common carriers, when it shall have promulgated rules or orders applicable to the operations and prescribing the rates of said type of common carriers.
(4) Public service companies which have filed rates in the Commission on the date this act takes effect, shall be governed by them until after modified pursuant to the provisions of this part.
(5) Public service companies operating in good faith on the date this act takes effect, shall not be bound to file their initial rates before sixty (60) days reckoning from the date their applications, filed in accordance with subsections (c) and (d) of § 1110 of this title, are approved by the Commission.
(e) Not to change rates or time tables without notice.— Not to make changes in its rates or time tables, unless thirty (30) days’ notice is given to the Commission and the public. Said notice shall be served as the Commission may by rule prescribe.
(f) Filing and approval of writings and agreements.— To submit to the Commission for approval certified copies of all contracts or other obligations entered into by such public service company with any person or with another public service company in relation with any of its activities under this part. The Commission may, however, by order or general ruling, exempt any public service company, in whole or in part, from the provisions of this part.
(g) Filing of reports.— To submit annually, on the date and in the manner and form required through order or rule by the Commission, full and accurate information relative to its legal and financial organization.
(h) Records to be kept in Puerto Rico.— To keep, in an office within Puerto Rico, all books, accounts, documents, records and notes as may be required by the Commission, and not to remove any of them from Puerto Rico except in accordance with such terms and conditions as may be prescribed by the Commission.
(i) Reports on transfer of evidences of indebtedness.— To report, as required by the Commission, on the disposal and application of the proceeds of all transfers of evidences of indebtedness and other securities as well as any pledges thereof. These reports shall be made under oath by the officer of the company having knowledge of the matter, and in such form and detail as the Commission may require.
(j) Specific duties of common carriers with regard to additions and substitution of equipment.— If a common carrier, not to add or substitute any equipment to be used in the conveyance of passengers or property, without the previous authorization of the Commission.
(k) Distribution of freight equipment without discrimination.— If a common carrier engaged in the transportation of freight or property, which at any given time may lack sufficient facilities to meet the demand for transportation of such freight or property, it shall distribute all available facilities equitably among the several applicants therefor, without unfair discrimination as between shippers or localities. But it may always give preference to the supply of facilities for the shipment of perishable goods.
(l) Verification of meters and measures.— If a public service company or municipal corporation furnishing its service or product by meter or other similar measurement, to provide, keep and maintain in its premises suitable and proper equipment so that the Commission may verify and test the accuracy of the meters. Such verification or testing shall be made officially or upon written request of the user, and in his presence, if he shall so desire. If the meter so verified shall be found to be correct within the tolerances the Commission may fix for such meters, the user who has requested the inspection shall pay a reasonable fee, to be fixed by the Commission, which shall be sufficient to cover the cost of such testing. But, if not so found, the cost of the testing shall be paid by the municipal corporation or public service company concerned.
(m) Reports on accidents and deaths.— To give immediate notice and furnish reports to the Commission on the happening of any accident in connection with the service rendered wherein any person shall have been killed or injured. Such report shall not be open for public inspection, except by order of the Commission. Neither shall such report be admitted in evidence for any purpose in any suit or action for damages arising for any matter mentioned therein.
(n) Cessation of service.— It may not discontinue, reduce, or impair the service it renders to a community without first obtaining a certificate from the Commission to the effect that such action shall not adversely affect public necessity and convenience. A taxicab enterprise, special bus, or special bus company, except tourist taxicab enterprises regulated by the “Puerto Rico Tourist Ground Transportation Act”, or public vehicle enterprise operating a single vehicle, a ticket agency or a transportation broker may cease operations without obtaining such a certificate from the Commission. Said taxicab enterprise, except tourist taxicab enterprises regulated by the “Puerto Rico Tourist Ground Transportation Act”, or special bus or special bus company, public vehicle enterprise, ticket agency or transportation broker shall, however, surrender to the Commission the authorization granted to it by the latter within thirty (30) days following the cease of operations.
(o) To obey orders and rules of Commission.— Must abide by the orders and rules issued or adopted by the Commission in the exercise of the powers conferred on it by this part. The holder of any authorization shall be liable for noncompliance with any orders or rules through the action or commission of its officers.
History —June 28, 1962, No. 109, p. 288, § 38; July 26, 1979, No. 193, p. 547, § 1; Dec. 19, 2002, No. 282, § 70, eff. 180 days after Dec. 19, 2002; Aug. 16, 2012, No. 173, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-54/1202/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 54 - Duties and Liabilities of Public Service Companies and Private Carriers (§§ 1201 — 1202)›§ 1202 - Private carriers
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 54 - Duties and Liabilities of Public Service Companies and Private Carriers (§§ 1201 — 1202) › § 1202 - Private carriers
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It shall be the duty of every private carrier:
(a) Rates.— To fix and abide by reasonable minimum rates for any service rendered or to be rendered in the conveyance of passengers or property or in relation therewith, and to fix and abide by reasonable practices to be applied in connection with said rates. Every private carrier shall submit to the Commission and shall publish and keep available to the public, in the form and manner required by the Commission, both the schedules of the minimum rates charged and collected by said carrier for the conveyance of passengers or property in Puerto Rico and any practice affecting such rates.
(b) Date for filing initial rates by certain private carriers.— Those private carriers operating in good faith on the date this act takes effect, shall not be bound to file their initial rates, referred to in subsection (a) of this section, before sixty (60) days, reckoning from the date their applications, filed pursuant to subsections (c) and (d) of § 1110 of this title, are approved by the Commission.
(c) Application of certain provisions of § 1201 to private carriers.— The provisions of subsections (f), (g), (h), (i), (j), (m) and (o) of § 1201 of this title shall also be applied to private carriers. Private carriers ceasing in their operations shall deliver to the Commission, within thirty (30) days of said cessation, the documents embodying the authorization granted by the Commission.
History —June 28, 1962, No. 109, p. 288, § 39, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1251/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1251 - Public hearings; self-incrimination; perjury
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1251 - Public hearings; self-incrimination; perjury
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(a) All hearings before the Commission shall be public. Hearings, investigations or other proceedings by the Commission shall be governed by the provisions of § 1260 of this title and such rules as the Commission may prescribe. The parties may appear before the Commission by themselves or assisted by counsel.
(b) No person shall be excused from testifying or from producing any books, documents or other evidence in any investigation or hearing before the Commission, when ordered to do so, on the ground that it may incriminate him or may put him in jeopardy of penalty or forfeiture of any legal right. But no person who has invoked his right against self-incrimination shall be prosecuted, punished or subjected to any penalty or forfeiture of any legal right by reason or on account of any matter regarding which he is compelled to testify or to produce documentary or other evidence. No person so testifying shall, however, be exempt from prosecution or punishment for perjury committed in so testifying.
History —June 28, 1962, No. 109, p. 288, § 40, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1252/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1252 - Subpoenas; costs; witnesses
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1252 - Subpoenas; costs; witnesses
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(a) All subpoenas issued by the Commission shall be under its seal, and shall be signed by a Commissioner, by the presiding officer or by the Secretary, and shall be personally served by an[y] adult.
(b) Each witness required to appear before the Commission shall receive for his appearance the compensation and per diem accorded by law to witnesses in judicial proceedings, which shall be paid by the party on whose request the subpoena was issued, or by the Commission, as the case may be. Payments made for this reason shall follow the procedure set for payment of other expenses of the Commission.
(c) The fees for serving a subpoena shall be the same as those paid for similar services in the Court of First Instance. The fees, expenses and costs of or in connection with any hearing, may be taxed by the Commission against any of the parties involved, or apportioned between them. But no such imposition shall be made before the Commission shall have issued rules of general application regarding same.
History —June 28, 1962, No. 109, p. 288, § 41, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1253/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1253 - Contempt; refusal to act
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1253 - Contempt; refusal to act
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If any individual subpoenaed to appear before the Commission shall fail to obey such subpoena, or if, upon appearing before the Commission, he shall refuse to be sworn, or shall refuse affirmation to be examined, or to answer any relevant question, or to produce any relevant document when ordered so to do, the Commission may invoke the assistance of the Court of First Instance to enforce such appearance, testimony, or production of documents. Said court shall, on good cause shown, command any person to appear before the Commission and produce documents or give testimony anent the matter at issue. Failure to obey such order of the court may be punished as contempt by said court. Any person who shall fail or refuse to appear and give testimony, or who shall neglect to comply with any lawful request, or shall refuse to produce books, papers and documents, if it is in his power to do so, in compliance with a subpoena or lawful requirement of the Commission, or any individual who may act in a disorderly and disrespectful manner before the Commission or before any of its members or examiners presiding at the hearing or investigation, shall be guilty of a misdemeanor and upon conviction punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for a term of not more than twenty (20) days, or both.
History —June 28, 1962, No. 109, p. 288, § 42; May 1, 1968, No. 30, p. 47.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1254/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1254 - Contempt for concealment
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1254 - Contempt for concealment
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If any officer of a public service company or private carrier, being a party to a proceeding before the Commission, shall absent himself from the jurisdiction of Puerto Rico or hide himself for the purpose of avoiding service of a subpoena, or shall remove relevant documents from Puerto Rico for the purpose of preventing their examination by the Commission, or shall destroy or conceal any such documents for such purpose, he shall be guilty of contempt, and the Court of First Instance may impose on him a fine of not more than one hundred dollars ($100), or one-day imprisonment in jail for each day during the continuance of such refusal, neglect, concealment or removal, provided the jail term does not exceed a total of six (6) months. If the court shall find that the neglect, refusal or concealment, or the removal or destruction of the documents by such officer has been caused by the advice or with the consent of such public service company or private carrier, or in any way aided or abetted by said company or private carrier, then, in default of payment of said fine by the person in contempt, the same shall be paid by said public service company or private carrier, and may be recovered therefrom by an action, in the name of the Commonwealth of Puerto Rico, in the said court, in the same manner as other fines and penalties.
History —June 28, 1962, No. 109, p. 288, § 43, eff. 90 days after June 28, 1962.
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https://law.justia.com/codes/puerto-rico/title-twenty-seven/part-iii/chapter-55/1255/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641)›PART III - Puerto Rico Public Service Act (§§ 1001 — 1282)›Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282)›§ 1255 - Depositions
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2023 Laws of Puerto Rico › TITLE TWENTY-SEVEN - Public Service (§§ 1 — 2641) › PART III - Puerto Rico Public Service Act (§§ 1001 — 1282) › Chapter 55 - Practice and Procedure Before the Commission; Judicial Review (§§ 1251 — 1282) › § 1255 - Depositions
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The testimony of any person may be taken by deposition before any Commissioner or notary public or other person authorized to administer oaths, upon motion filed by the party requesting the deposition and upon notice thereof given in accordance with the rulings of the Commission.
History —June 28, 1962, No. 109, p. 288, § 44, eff. 90 days after June 28, 1962.
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