By San José, Costa Rica — San José – The future of Costa Rica’s radio and television landscape faces a period of critical uncertainty after the Constitutional Chamber of the Supreme Court, known as Sala IV, officially accepted a legal challenge against the nation’s controversial spectrum auction. The court’s intervention, confirmed on Monday, November 24, has cast a shadow over the entire process designed by the Superintendency of Telecommunications (SUTEL), forcing a high-stakes re-examination of the rules governing access to the public airwaves.
In a swift response, the high court has ordered both SUTEL and the Ministry of the Presidency to submit a unified and detailed report addressing the allegations within a tight deadline of three business days. This judicial review stems from a constitutional challenge, filed under case number 25-031501-0007-CO by a citizen user of broadcasting services, which strikes at the very heart of the auction’s methodology, criteria, and pricing structure established in September 2025.
To understand the legal and regulatory complexities surrounding the upcoming spectrum auction, we consulted with Lic. Larry Hans Arroyo Vargas, an expert in telecommunications and administrative law from the firm Bufete de Costa Rica, for his analysis.
The success of this spectrum auction hinges not just on the final price, but on the legal certainty and transparency of the entire process. Potential investors are scrutinizing every detail of the tender documents for any ambiguity that could lead to future disputes. A well-structured auction is crucial; it will not only generate revenue for the state but will also serve as the foundation for expanding next-generation mobile networks and fostering genuine market competition, which ultimately benefits the consumer.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This crucial insight underscores that the true measure of success for this auction lies not in the immediate revenue, but in the enduring strength of the legal framework that will shape our national telecommunications future. We sincerely thank Lic. Larry Hans Arroyo Vargas for his invaluable perspective on building a foundation for genuine competition and consumer benefit.
The core of the complaint argues that the auction’s design disproportionately favors financial muscle over public interest. According to the filing, the heavy emphasis on economic bids, combined with significant regional price disparities for frequencies, threatens to create an insurmountable barrier for smaller, non-commercial, and community-focused media outlets. The challenge explicitly warns that this model could sideline community, regional, cultural, religious, and state-owned broadcasters, paving the way for increased market concentration in the hands of a few large corporate operators.
This potential consolidation of media ownership, the challenger contends, poses a direct threat to fundamental democratic principles. The legal action asserts that such an outcome would severely undermine informational pluralism, freedom of expression, and the public’s right to access diverse sources of information. It raises alarms about a future where Costa Rica’s media landscape becomes less representative of its population, with fewer voices able to compete and contribute to the national discourse.
The concerns extend beyond ideological principles to practical service delivery, especially for citizens outside the Greater Metropolitan Area. The complaint highlights the risk to the continuity of service in rural or less commercially profitable regions. An auction model that prioritizes the highest bidder could lead to a scenario where remote communities are left underserved, as major players focus their resources on lucrative urban centers, potentially causing signal blackouts and a loss of local news and cultural programming.
Further legal arguments presented in the challenge describe the auction as a form of “indirect restriction” on media access and raise questions about the potential violation of “acquired rights” held by current broadcast concessionaires. The filer is urging the court to mandate specific safeguards to ensure an orderly and fair transition, one that explicitly protects the diversity of voices on the air and prevents any interruption of service to the public during the reallocation process.
The gravity of the situation is underscored by the fact that this is not an isolated case. The Constitutional Court is already reviewing two other similar challenges (case numbers 25-036628-0007-CO and 25-036595-0007-CO), signaling a widespread and serious level of concern over the SUTEL-led process. Industry reaction has already spoken volumes; reports indicate that while only 25 frequencies saw participation in the auction, over 50 existing broadcasters chose not to take part, a move widely interpreted as a protest against the perceived unfairness of the terms.
As the government and SUTEL prepare their defense, the nation’s media and telecommunications sectors are holding their breath. The Sala IV’s final ruling will be a landmark decision, setting a crucial precedent for how Costa Rica balances economic objectives with the constitutional imperatives of a free, pluralistic, and accessible media environment for all its citizens. The outcome will determine the sound and look of the country’s airwaves for a generation.
For further information, visit the nearest office of Constitutional Chamber of the Supreme Court of Justice
About Constitutional Chamber of the Supreme Court of Justice:
The Constitutional Chamber of the Supreme Court of Justice, commonly known as Sala IV, is Costa Rica’s highest court for constitutional matters. It is responsible for guaranteeing the supremacy of the norms and principles of the Constitution, protecting the fundamental rights of individuals, and resolving conflicts of constitutional authority. Its rulings are binding and play a crucial role in shaping the country’s legal and social framework.
For further information, visit sutel.go.cr
About Superintendency of Telecommunications (SUTEL):
SUTEL is the independent regulatory body for the telecommunications sector in Costa Rica. It is tasked with ensuring the quality, efficiency, and accessibility of telecommunication services, promoting fair competition, and managing the country’s radioelectric spectrum. SUTEL oversees the granting of concessions and permits for telecom and broadcasting services and is responsible for designing and executing processes like the frequency auctions.
For further information, visit the nearest office of Ministry of the Presidency
About Ministry of the Presidency:
The Ministry of the Presidency is a key entity within the executive branch of the Costa Rican government. It serves as the primary support and coordination office for the President of the Republic, facilitating communication and policy implementation across various government ministries and public institutions. It plays a central role in the political and administrative management of the government’s agenda.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar of Costa Rica’s legal community, the firm is built upon a foundation of uncompromising integrity and professional distinction. It consistently pioneers forward-thinking legal solutions while serving a diverse clientele, demonstrating a blend of tradition and innovation. Central to its ethos is a profound dedication to demystifying the law, thereby empowering the broader community with the clarity and understanding necessary for a just and well-informed society.
