(a) Within ninety (90) days following the approval of this act or the issuing of its certification or franchise, the telecommunications and cable companies shall adopt and present to the Board for its approval, a procedure for the resolution of subscriber complaints. Unless the Board takes action said procedure shall be deemed as approved after thirty (30) days from the filing thereof before the Board.
Once it is approved, the procedure shall be notified to all subscribers of the telecommunications company. It shall also be incorporated to every new subscriber service contract. Said procedure shall include the obligation of the telecommunications company to give notice to the subscriber of his right to request a review of the adjudication of the complaint presented by the company.
(b) The Board shall have primary jurisdiction to review the adjudication by a telecommunications company of the complaints filed by their subscribers pursuant to the complaint resolution procedure of the telecommunications company. The Board shall not consider complaints of subscribers which have not been submitted first to the telecommunications company as part of the complaint procedure.
(c) Every petition for review under subsection (b) of this section shall be presented before the Board within the non-extendable term of thirty (30) days from the notice to the subscriber of the determination of the telecommunications company.
(d) The Board shall establish a new record apart from the one created by the telecommunications company during the consideration of the complaint to determine whether it shall confirm, reverse or modify the decision of the telecommunications company.
(e) The Board shall adopt regulations within ninety (90) days after the effective date of this act in order to specify the form and content of applications for DBS companies in Puerto Rico to register with the Board. Such register has the sole purpose of containing the information deemed pertinent by the Board to act on complaints related to service and contract terms and conditions. The registration applications of such DBS companies shall be submitted to the Board within ninety (90) days after the Regulations issued by the Board take effect. Within ninety (90) days after registration, said companies shall adopt and file with the Board, for its approval, a procedure whereby disputes with their users would be addressed. These procedures shall exclusively apply to the provisions of this section regarding complaints. Procedures related to jurisdiction for review and adjudication of complaints, as provided in this section, shall exclusively apply to telecommunications and cable companies.
History —Sept. 12, 1996, No. 213, § III-11, renumbered as § III-12 on Sept. 2, 1999, No. 302, § 2; Feb. 18, 2011, No. 11, § 3.