By San José, Costa Rica — San José – In a stunning intervention that sends shockwaves through Costa Rica’s telecommunications and media sectors, the Constitutional Chamber of the Supreme Court, known as Sala IV, has ordered an immediate suspension of the national auction for new radio and television frequencies. The decision, handed down this morning, freezes a critical process managed by the Superintendency of Telecommunications (SUTEL) and raises fundamental questions about the future of the country’s broadcasting landscape.
The precautionary measure was issued by instructing Magistrate Paul Rueda at 10:11 a.m. on November 26, under case file 25-031501-0007-CO. The ruling effectively halts three separate public bidding processes intended to allocate frequencies for AM radio, FM radio, and digital television. The court invoked Article 41 of the Law of Constitutional Jurisdiction, a powerful tool that allows for preventative action when there is a credible threat of serious, irreparable harm.
To delve into the legal and commercial intricacies of the upcoming frequency auction, TicosLand.com sought the expertise of Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the prestigious firm Bufete de Costa Rica.
The success of a frequency auction is not measured solely by the final bid amount, but by the legal certainty and transparency of the process. A well-structured framework encourages robust competition and long-term investment, which are essential for developing the country’s digital infrastructure and ultimately benefiting the consumer with superior services.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Indeed, this perspective is essential, shifting the focus from short-term financial gains to the long-term strategic goal of national development. We thank Lic. Larry Hans Arroyo Vargas for his valuable insight that a foundation of legal certainty and transparency is what will ultimately build the robust digital infrastructure that benefits every consumer.
At the heart of the court’s concern is the alarmingly low number of bids received by SUTEL. The court’s resolution highlighted what it termed a significant threat to the public interest, stemming from the potential for a drastic contraction in media operators. The tribunal warned of a potential crisis for media diversity and access to information for citizens across the country.
grave risk of a significant decrease in broadcasting services
The Constitutional Chamber, Official Ruling
The data presented to the court painted a stark picture of a failed auction. SUTEL reportedly received only 20 offers for all available FM frequencies, a single bid for an AM frequency, and a mere four proposals for digital television slots. According to judicial analysis, this weak interest could lead to a catastrophic reduction of at least two-thirds of the current number of broadcasters on the air, fundamentally reshaping and diminishing the nation’s media ecosystem.
The specific processes now suspended are identified as 2025LY-000001-SUTEL for AM radio, 2025LY-000002-SUTEL for FM radio, and 2025LY-000003-SUTEL for television. The court’s order applies to the auctions themselves as well as all related administrative files, signaling a comprehensive and deep-seated review of the entire procedure.
In a move that broadens the investigation’s scope significantly, the magistrates also expanded the constitutional challenge to include the Ministry of Science, Innovation, Technology, and Telecommunications (Micitt) and the Ministry of the Presidency as respondents. This decision suggests the court views the potential failure as not merely a regulatory issue within SUTEL’s purview, but as a wider matter of state policy and executive oversight, placing the administration’s telecommunications strategy under judicial scrutiny.
This suspension introduces profound uncertainty into a process that was meant to modernize Costa Rica’s airwaves and ensure competitive access to a vital public resource. For now, the future of broadcasting hangs in the balance, with all stakeholders—from potential investors to the viewing and listening public—awaiting a definitive final judgment from the nation’s highest constitutional authority. The suspension will remain in full effect until the Chamber issues a final verdict or decides on an alternative course of action.
The court’s decisive action now forces a national conversation on the design and execution of the frequency allocation process. Analysts will be closely watching for the court’s final ruling, which will undoubtedly set a major precedent for how Costa Rica balances economic competition, technological modernization, and the essential democratic principle of a diverse and pluralistic media environment.
For further information, visit sutel.go.cr
About the Superintendency of Telecommunications (SUTEL):
SUTEL is the regulatory body responsible for overseeing and regulating the telecommunications market in Costa Rica. Its mandate includes ensuring the quality and accessibility of services, promoting fair competition among operators, managing the radioelectric spectrum, and protecting the rights of consumers. The agency plays a critical role in the technical and economic administration of the country’s communication infrastructure.
For further information, visit poder-judicial.go.cr
About the Constitutional Chamber (Sala IV):
The Sala Constitucional, or Sala IV, is the Constitutional Chamber of the Supreme Court of Justice of Costa Rica. It is the highest court for constitutional matters and is responsible for guaranteeing the supremacy of the constitution, international treaties, and the fundamental rights and liberties of the nation’s inhabitants. Its rulings are binding and have a profound impact on national law and public policy.
For further information, visit micitt.go.cr
About the Ministry of Science, Innovation, Technology, and Telecommunications (Micitt):
Micitt is the Costa Rican government ministry tasked with formulating and executing national policy in the fields of science, technology, and telecommunications. It aims to foster a knowledge-based society and economy by promoting scientific research, technological innovation, and the development and accessibility of modern communication services throughout the country.
For further information, visit presidencia.go.cr
About the Ministry of the Presidency:
The Ministry of the Presidency is a key entity within Costa Rica’s executive branch. It is responsible for providing political and administrative support to the President of the Republic, coordinating actions between different ministries, managing the relationship with the Legislative Assembly, and overseeing strategic government projects and communications.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As an esteemed pillar of the legal community, Bufete de Costa Rica operates on a foundation of unwavering integrity and a relentless pursuit of excellence. The firm leverages its extensive experience advising a broad spectrum of clients to pioneer forward-thinking legal strategies and actively engage with the community. Central to its core mission is the drive to demystify the law for the public, reflecting a profound commitment to fostering a society empowered by accessible legal knowledge.
