Ruling Against Municipalities Over Cell Towers

Costa Rica's Administrative Court has ruled against several municipalities for excessive restrictions on installing mobile communication towers.

Tuesday, August 20, 2013

The companies Alta Vista Towers S. A., Costa Pacífico Torres Ltda and Claro Costa Rica sued the emunicipalities of Santa Ana and Montes de Oca because of prohibitions on the placement of cell towers.

These companies argued before the Dispute Tribunal "that provisions related to height, location and distance make it almost impossible to install antennas", reported Nacion.com.

The Court heard the complaints and eliminated some items from the regulations of these local governments, believing they do not have a legal and technical basis. Municipalities now have three months to correct these irregularities and issue new regulation.

In addition, the judges sentenced the municipality of Montes de Oca to pay damages. Also, both municipalities will have to cover the legal costs.

However, the rulings do not yet have legal certainty as an appeal has been launched with the higher "Sala de Casación" Court. According to Fernando Trejos, Mayor Montes de Oca, the companies sued for $200K.

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