A ruling by the Administrative Court found in favor of the state run telecoms company and obliges the regulator to update the relevant market data and level the playing field for all operators.
In the lawsuit, the Instituto Costarricense de Electricidad (ICE) argued that the failure to update data on relevant markets and operators prevented the Superintendency of Telecommunications from providing equal treatment to all telecommunications companies operating in the country. Because of this, Crhoy.com reports, "... only the ICE can be fined or receive penalties for noncompliance."
A ruling by the Administrative Court has annulled the General Rules for Municipal Licenses for Telecommunications and is demanding the preparation of a new one in less than three months.
The ruling by the tribunal in a lawsuit filed by Claro in January 2014, indicates that the Municipality of Alajuela must pay damages to the company, after it argued that it was unable to build telecommunications infrastructure in the region of Alajuela because of the regulations by which the municipality was governed.
A ruling by the Constitutional Court has declared unconstitutional the failure to regulate alternative auction mechanisms to allocate radio spectrum and is forcing Congress to include it in a bill before the end of the year.
With this ruling the radio spectrum can no longer be allocated only through auction, alternative media must be used, which must be incorporated into the Telecommunications Act before December 31, 2015, says a ruling from the Constitutional Chamber of the Supreme Court.
A proposal has been made to draft a new telecommunications bill from scratch, completely leaving out the concepts of state control that the current proposal contains.
In the view of the private sector, the way the "Law on broadband" bill is drafted is not clear and leaves open the possibility for the State to exercise excessive control over internet access in the country. For this reason, they are asking for a consensus among all sectors to develop a new bill.
The essential modernization of technical and administrative rules governing the sector is being hampered by the proposed inclusion of rules to control content.
The vaudeville act (from the Royal Spanish Academy: frivolous, light and spicy comedy based around intrigue and misunderstandings) presented and represented by the government of Costa Rica, regarding the development and "socialization" of the proposed new Telecommunications Act , has produced as its first result t a leaderless Ministry of Science, Technology and Telecommunications (Micitt).
Caps imposed by the Superintendency on tariffs for telecommunications services restrict competition by preventing operators from offering more expensive packages to more affluent segments.
The telecommunications industry is requesting the freeing up of rates with the aim of letting the market itself be responsible for setting them, with oversight by the Superintendency of Telecommunications (Sutel). Authorities from the Sutel indicated, as they have done so on other occasions, that restrictions on tariffs will remain until the results of the study on market prices and, depending on its indications, will start in March.
Even though demand continues to grow, operators are not able to grow due to lack of effective competition in the mobile market and delays in the allocation of spectrum.
A portion of customers in the cellular market and other telecommunications services such as internet and cable television are still dissatisfied, but telecommunications companies are not able to increase their services due to the slow rate at which the rules are set and at which infrastructure problems are addressed.
While operators claim for effective competition on the market, the Telecommunications Authority has become a thorn in the side of the telcoms companies.
In the steps undertaken by Holst Van Patten S. A. for the acquisition of satellite internet services, the Telecommunications Superintendency (Sutel) asked the company to request an authorization for a merger and then retracted it clarifying that it would not go ahead. Currently it is asking for an application for frequency allocation.
Operators of the telecommunications market in Costa Rica are calling for intervention by the regulator in rates to be removed and for operations to be carried out within a framework of real commercial freedom.
After more than six years of having promoted laws which opened up the telecommunications market in Costa Rica, no operator has the ability to unilaterally set final prices or manipulate conditions in the telecommunications market.
The industry is calling for effective competition to be allowed with the market setting rates and not the Telecommunications Regulator.
Operators of telephony and internet services are asking for the establishment of maximum rates by the Superintendencia de Telecomunicaciones (Sutel) to be eliminated, applying what is contemplated in the Telecommunications Act, which allows the possibility of not intervening in the setting of rates. The companies point out that "... the market prices are up to six times lower than the maximum rate established by the Sutel."
The private sector is warning that the new law contains technical deficiencies and could harm free competition by creating different conditions for companies in the sector.
The Union of Cable Television Operators is opposing the rapid adoption of the Law on Control of Mobile Telecommunications in Prison Centers, because of a lack of consensus and consultation with the sector, the fact that it contains technical and legal gaps and could harm domestic firms through the generation of privileges and monopolies under the rule .
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Grupo ICE, composed of the Costa Rican Electricity Institute (ICE) and its subsidiaries Radiográfica Costarricense (RACSA) and Compañía Nacional de Fuerza y Luz (CNFL), joined the Chamber of Information and Communication Technologies of Costa Rica (CAMTIC) as a strategic partner since June 2009.