(a) As of the date on which the Board promulgates the regulations required by this section and with the exception of the provisions of § 332(c)(1) of the Federal Communications Act, all telecommunications companies shall receive a valid certification from the Board to render telecommunication services in Puerto Rico. The Board shall not have the authority to deny a petition for certification to provide telecommunications services for arbitrary or discriminatory reasons or whose purpose is to prevent competition.
(b) The Board shall adopt regulations specifying the form, content and procedures to file petitions for certification which shall be of uniform application. All applicants shall present evidence of their moral and financial standing, their experience and background in the field for which certification is petitioned. The Board shall issue the certification if it determines that, in addition to substantially complying with the uniform criteria established, it is consistent with the mandate of the Federal Communications Act, the objectives of public interest pursued by this chapter and that it also safeguards consumers’ interests.
(c) Every telecommunications company that provides services upon the effective date of the regulations described in this subsection shall be entitled to receive a certification to provide said services. Within the ninety (90) days following the effectiveness of this act, the Board shall adopt regulations specifying the form and content of the petitions for said certifications. The petitions of said telecommunications companies shall be submitted to the Board within ninety (90) days following the effective date of the regulations promulgated by the Board. Every petition submitted shall be deemed as granted once thirty (30) days have elapsed from the date of filing the petition. It shall not constitute a violation to this chapter by a telecommunications company to continue rendering the services they were providing:
(1) Prior to the adoption by the Board of the regulation required by this subsection;
(2) prior to the expiration of the term to file petitions for automatic certification or franchise as provided in this section, or
(3) before the Board takes action regarding the petition filed by said telecommunications company to provide said services.
(d) All certifications granted by the Board pursuant to the provisions of this section may be modified, suspended or revoked by the Board, for just cause and after due notice and hearing.
(e) The Board shall not implement regulations, nor give orders, or impose requirements that have or could have as a result the prohibition or interference with the capacity of any person to provide telecommunications services, with the exception of the provisions of § 253 of the Federal Communications Act.
History —Sept. 12, 1996, No. 213, § III-2.