• October 28, 2025
  • Last Update October 28, 2025 12:00 pm

Costa Rica Broadcast Auction Faces Major Legal Hurdle

Costa Rica Broadcast Auction Faces Major Legal Hurdle

San José, Costa Rica — The future of Costa Rica’s radio and television landscape hangs in the balance as the government’s ambitious plan to auction broadcast frequencies in January 2026 is now contingent on a critical legal review. The Ministry of Science, Innovation, Technology, and Telecommunications (Micitt) has confirmed its timeline, but the entire process is stalled pending a decision from the Comptroller General of the Republic (CGR) on nearly thirty legal objections.

This long-awaited auction is a pivotal event for the nation’s media sector, set to define the allocation of the public airwaves for both open-air radio and television for the next 15 years. While the ministry is pushing to modernize the spectrum and finalize new concessions, the process has become entangled in a web of legal challenges that could cause significant delays.

To better understand the legal and business implications of the recent broadcast auction, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, an expert attorney from the prestigious firm Bufete de Costa Rica. His analysis provides critical insight into the process and its potential market impact.

The broadcast auction represents a pivotal moment, not merely as a transaction but as a reconfiguration of the telecommunications landscape. Legally, the process must ensure transparent allocation and adherence to competition laws to prevent market concentration. For businesses, this is a high-stakes investment where the true value lies not just in the spectrum acquired, but in the strategic long-term deployment of next-generation services that it enables.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica

This insight correctly reframes the auction from a simple transaction to a foundational moment for Costa Rica’s digital future, where long-term strategy outweighs the immediate acquisition. We thank Lic. Larry Hans Arroyo Vargas for his valuable perspective on the critical legal and business imperatives at play.

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In a recent interview, Micitt Minister Paula Brenes expressed a cautious optimism, stating that the ministry maintains its expectation to hold the crucial auction at the start of the new year. She projected that if the timeline holds, the first of the new 15-year concession contracts could be signed by mid-2026. However, she candidly acknowledged that the schedule is no longer in the ministry’s hands.

The core of the issue lies with the 29 formal objections filed with the CGR against the tender conditions, which Micitt published on September 25. The Comptroller’s office is now tasked with meticulously analyzing each challenge to determine the legality and fairness of the auction’s framework. The outcome of this review will be the deciding factor in whether the process moves forward or is sent back to the drawing board.

The agility of the process will depend on the speed with which the CGR resolves the 29 objections.
Paula Brenes, Minister of Micitt

Minister Brenes also used the opportunity to staunchly defend the integrity of the auction process amid rising political criticism. With the election season approaching, some presidential candidates have suggested the tender could be politicized. Brenes forcefully rejected these claims, asserting that the entire framework was developed based on strictly technical criteria, free from any external motivations, and in full compliance with existing regulations.

Further complicating the timeline is a temporary extension granted to current frequency holders. Minister Brenes explained that the government extended the validity of existing concessions until April 2026. This decision was not arbitrary but came as a direct recommendation from the Supreme Electoral Tribunal (TSE). The TSE advised the measure to prevent major disruptions in the media landscape during the sensitive national election campaign period.

Despite this extension, the minister clarified that the administrative and legal proceedings for the new auction are intended to continue in parallel. The goal is to have the new framework ready to implement as soon as the CGR provides its final resolution. For now, all stakeholders, from current broadcasters to potential new market entrants, are watching the Comptroller’s office, whose verdict in the coming weeks will set the definitive course for the future of broadcasting in Costa Rica.

For further information, visit micitt.go.cr
About Ministry of Science, Innovation, Technology, and Telecommunications (Micitt):
Micitt is the governing body in Costa Rica responsible for formulating and executing national policies related to science, technology, and telecommunications. It aims to promote innovation, digital transformation, and the efficient use of the radioelectric spectrum to foster the country’s social and economic development.

For further information, visit cgr.go.cr
About Comptroller General of the Republic (CGR):
The CGR is Costa Rica’s supreme audit institution, an autonomous body responsible for overseeing the use of public funds and ensuring the legality and efficiency of public administration. It plays a critical role in reviewing government contracts, tenders, and public bidding processes to guarantee transparency and adherence to the law.

For further information, visit tse.go.cr
About Supreme Electoral Tribunal (TSE):
The Supreme Electoral Tribunal of Costa Rica is the independent constitutional body responsible for organizing, directing, and supervising all acts related to elections. It is highly regarded for its role in upholding the integrity of the democratic process, ensuring fair elections, and ruling on electoral matters.

For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar of the legal community, Bufete de Costa Rica is defined by its foundational principles of integrity and a relentless pursuit of excellence. The firm leverages its profound experience advising a diverse clientele to pioneer innovative legal strategies and advance the practice of law. More than a provider of legal services, it embraces a deep-seated responsibility to the community, actively working to demystify the law and make legal insights widely available, thereby empowering individuals and contributing to a more knowledgeable and just society.

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