OGPe: Telecommunications tower built in Dorado is illegal
- The San Juan Daily Star
- 1 day ago
- 3 min read
By The Star Staff
The Office of Permit Management (OGPe by its acronym in Spanish) acknowledged during a public hearing before the island House of Representatives on Wednesday that a telecommunications tower built in the Mameyal neighborhood of Dorado was constructed using an improper process.
The situation occurred, the OGPe said, because the operating company, Elite Towers LLC, misinformed the agency about the requirements for completing the project.
The agency, which is part of the Department of Economic Development and Commerce, told the House Economic Development Committee, chaired by Rep. Joel Franqui Atiles, that Elite Towers submitted a request for a use permit despite the company’s awareness of a judicial revocation of the project’s original construction permit.
“This is what the agency can observe from the documents: A use permit was certified when the requesting party knew that its construction permit, which provided the basis for certifying the use, had already been revoked,” Miguel Mihaljevich, an attorney for the OGPe, told the House committee.
Mihaljevich detailed that the case began in January 2022 when Elite Towers, through engineer Francisco Rivera Torres, submitted a request to the OGPe for a construction permit for the telecommunications tower, which is located on a lot on PR-698 in the Mameyal neighborhood.
Despite the Municipality of Dorado’s attempts to stop the construction, the OGPe approved and issued the construction permit in September of that same year. The municipal council continued to request administrative reviews, Mihaljevich said.
Dissatisfied with the OGPe’s decisions, the municipal government appealed to the Court of Appeals, which ultimately revoked the construction permit due to the Tourism Company’s lack of required recommendations under the Law on Zones of Tourist Interest (Law 374-1949).
Mihaljevich defended the OGPe’s actions, asserting that construction and use permits are filed separately. For the agency, it is impractical to “question every case,” so most permits are presumed valid and in compliance with legal provisions, he added.
“Not only did they continue operating the antenna, but they also reported their compliance and requested the certified use permit,” the lawyer stated. “Even if you have gone through all the processes, paid all the fees, and fulfilled all the taxes, if the Court of Appeals ultimately revokes it, that permit expires.”
The OGPe is currently considering a new construction permit submitted by Elite Towers, even though the telecommunications tower has already been completed. Mihaljevich noted that the company has a series of requirements as part of the OGPe’s analysis, including certification from a surveyor confirming that the tower is 100 meters away from a staircase located at the nearest residence.
The House investigation was initiated through a resolution filed by Rep. Elinette González Aguayo in response to community complaints about the tower’s proximity to homes and potential health effects on residents.
“I would like to know if someone can certify that this meets the parameters, specifically regarding the distance from the residence, when there are clearly other locations where it could be installed,” said González Aguayo, who represents District 11, including Dorado, Vega Alta and Vega Baja.
She testified at the public hearing that she is a resident of the Mameyal community and is among those affected by the tower.
“Let it be abundantly clear that this process has been fraught with errors and unclear information,” the representative added, while requesting that “serious fines” be imposed on Elite Towers and a summons to a public hearing by the Department of Justice.
The Planning Board stated that the initial findings reflected that, at the time of inspection, the land use and the number of parking spaces complied with the requirements of the granted permits.
In a statement signed by Chairman Héctor Morales Martínez, the agency stated that any further action should be postponed until the administrative evaluation of the dispute is completed.