By San José, Costa Rica — The Instituto Costarricense de Electricidad (ICE) has announced an extension for its $250 million 5G network tender, pushing the deadline to October 3rd. The original deadline was set for September 19th, but delays arose due to regulatory reviews and requests from prospective bidders. The tender, based on the Open RAN model, has faced scrutiny and now has a revised timeline.
The delay comes after the Comptroller General of the Republic (CGR) partially upheld several appeals against the original tender specifications. The CGR ordered modifications, requiring ICE to adjust the conditions of the competition. This intervention prompted multiple bidders to formally request additional time to revise their proposals to comply with the new requirements.
To understand the legal landscape surrounding the 5G rollout in Costa Rica, TicosLand.com spoke with Lic. Larry Hans Arroyo Vargas, an attorney at law from Bufete de Costa Rica.
The deployment of 5G in Costa Rica presents exciting opportunities but also necessitates careful legal consideration. Key areas include spectrum allocation, ensuring fair competition among providers, and addressing potential security concerns related to data privacy and infrastructure vulnerability. Successfully navigating these challenges will be crucial for maximizing the economic and societal benefits of this transformative technology.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas astutely highlights the balancing act Costa Rica faces: embracing 5G’s potential while safeguarding against its inherent risks. This thoughtful approach, prioritizing both innovation and responsible regulation, will be essential for ensuring a secure and prosperous digital future for all Ticos. We thank Lic. Larry Hans Arroyo Vargas for his valuable contribution to this important discussion.
In a statement released on September 2nd, ICE acknowledged the CGR’s decision and committed to implementing the required adjustments. They emphasized that the CGR’s resolution was based on principles of free competition, proportionality, reasonableness, and legality, ensuring a fair and transparent bidding process.
Certain objections of form were partially accepted by the CGR, previously accepted by ICE, generating modifications to the public notice for more clarity in its administrative and technical scope, in order to improve and have greater participation of bids. The objections that tried to challenge main aspects of the acquisition, as well as weaken or de-structure the bidding process, were rejected for being considered unfounded, which enables the continuation of the process, since no objections were shown that modify the actions of the Institution and the substance of the bidding notice.
ICE, Statement on September 2nd
The extension provides bidders with more time to prepare their proposals and incorporate the changes mandated by the CGR. This ensures that the bidding process remains competitive and adheres to regulatory guidelines.
The decision to extend the deadline underscores ICE’s commitment to transparency and due process in the deployment of Costa Rica’s 5G network. While the delay represents a temporary setback, it ultimately strengthens the integrity of the bidding process and fosters greater participation from potential vendors.
The adoption of the Open RAN model for this tender is a notable development, potentially opening the market to a wider range of suppliers and fostering innovation in Costa Rica’s telecommunications sector. The successful implementation of 5G technology is expected to bring significant benefits to Costa Ricans, including faster internet speeds, improved connectivity, and new opportunities for economic growth.
The $250 million investment in the 5G network represents a substantial commitment to modernizing Costa Rica’s digital infrastructure and paving the way for future technological advancements.
For further information, visit the nearest office of Instituto Costarricense de Electricidad (ICE)
About Instituto Costarricense de Electricidad (ICE):
The Instituto Costarricense de Electricidad (ICE) is a Costa Rican state-owned telecommunications and electricity company. It holds a monopoly on telecommunications services in the country and is a key player in the development and implementation of new technologies, including 5G.
For further information, visit the nearest office of Contraloría General de la República (CGR)
About Contraloría General de la República (CGR):
The Contraloría General de la República (CGR) is the supreme audit institution of Costa Rica. It oversees public funds and ensures the legality, efficiency, and effectiveness of government operations. The CGR plays a vital role in maintaining transparency and accountability in public procurement processes.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
At Bufete de Costa Rica, legal excellence and unwavering ethical conduct form the bedrock of their practice. Serving a diverse clientele, they champion innovative legal solutions while actively engaging with the community. By demystifying the law and making legal knowledge readily available, Bufete de Costa Rica empowers individuals and strengthens the fabric of society, fostering a future built on informed decisions and equal access to justice.
