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[null,"Prepared By:","Contributors:"]
[null,"Facio & Cañas","Edgar Odio Rohrmoser"]
[null,null,"Enrique Solano Morales"]
[]
[]
["Lex Mundi Latin America and the Caribbean: TMT and Cyber Guide"]
[]
["Report Generated: 6/23/2026"]
[]
["View your report results on next tab"]

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["Question","Costa Rica"]
["Telecommunications Market Overview"]
["1. What is the current state of the telecommunications market in your jurisdiction? Who are the main players in the market?"," Costa Rica's telecommunications market experienced revenue growth in 2024, driven by mobile and fixed internet services, while the number of licensed operators and fiber optic connections also increased. However, investments as a percentage of GDP slightly decreased, though 5G network deployment is planned, and fiber optics is expanding significantly. \n The main players in the Costa Rican telecommunications market include: \n \n Instituto Costarricense de Electricidad (\"ICE\") : Branded as Kölbi, the state-owned operator offers mobile, fixed telephony, and broadband (including fiber) services. \n Liberty Latin America : Operates the former Telefónica mobile network (branded Movistar) and the largest cable TV/broadband provider, Cabletica. Liberty provides nationwide 4G mobile, fixed broadband, and Pay TV (cable/IPTV) services. \n Claro Costa Rica (América Móvil): Provides mobile services (around 20% of mobile users) and offers fixed broadband and Pay TV in select areas (including satellite TV). \n Telecable:  A local private operator offering cable television and broadband internet in urban areas. It has been innovating with IPTV and Android TV services. \n Others: Sky (DirecTV) provides satellite Pay TV; RACSA (a subsidiary of ICE ) offers data services; and independent tower/infrastructure companies like SBA Communications support the sector’s network expansion. \n "]
["2. What is the market share for different services (mobile, broadband, Pay TV, etc.)? E.g., level of penetration for mobile services, fixed broadband, 4G, 5G, and fiber deployment."," According to the Superintendencia de Telecomunicaciones (\" SUTEL \"), in 2024, Costa Rica’s telecommunications subscriptions were distributed as follows: \n \n Mobile communications: 6.98 million lines, equivalent to ~135 % penetration; postpaid lines reached 49.4 % of the total. \n Fixed internet: 1.19 million subscriptions, with fiber optic dominating at 54.4 % (650,295 lines), surpassing cable modem connections. \n Pay TV: ~799,000 subscriptions, continuing a four-year downward trend as users migrate to OTT platforms. \n Fixed telephony (VoIP): 287,202 lines, a 7 % increase compared to 2023. \n "]
["3. What are the most relevant trends and challenges in the ICT industry? \nAre there ongoing developments in areas such as 5G deployment, IoT, satellite services, infrastructure investment, or market consolidation?","Costa Rica’s ICT sector is undergoing a period of transformation marked by rapid fiber optic expansion, the start of 5G deployment, and the decline of traditional Pay TV.\nYes. In Costa Rica, the ICT sector is moving into a new stage with the launch of 5G services in 2025, following \nSUTEL’s spectrum bid, which was recently awarded to Claro and Liberty. This rollout is still in early phases but is expected to enhance connectivity for industries, smart cities, and IoT applications. At the same time, fiber optic networks continue to expand rapidly, already representing more than half of fixed internet subscriptions, while operators invest heavily in nationwide coverage.\n"]
["Regulatory Framework"]
["4. What are the main laws governing telecommunications in your jurisdiction? \nWhich authority regulates the telecommunications sector?","The telecommunications sector is primarily governed by the \nGeneral Telecommunications Law (\nLaw No. 8642 of 2008). This law liberalized the market pursuant to CAFTA-DR commitments and established the legal framework for telecom services, including licensing, spectrum management, interconnection, and user rights. \nLaw 8642 created an independent regulator, the \nSuperintendencia de Telecomunicaciones (\"\nSUTEL\"). \nSUTEL is responsible for granting licenses and concessions, managing spectrum assignments, ensuring competition and interconnection, and enforcing service quality standards\nThe Ministry of Science, Innovation, Technology and Telecommunications (\"\nMICITT\") sets national telecom policy and handles international coordination (for example, representing Costa Rica at the ITU and managing the \nNational Frequency Allocation Plan).\nIn addition, competition and consumer protection laws apply complementarily, although \nSUTEL itself is also the competition authority for the telecom sector (including merger control).\n"]
["Licensing"]
["5. Describe the licensing requirements for the provision of the following services: Internet Access; Data transmisión; Mobile telephony; Mobile Virtual Network Operators (MVNOs); Pay TV."," Costa Rica’s legal framework provides a unified licensing regime for telecommunications services, with distinctions based on the use of radio spectrum or other public domain resources. Any company wishing to provide public telecom services must obtain a form of “habilitating title” – either a concession or a license/registration – from the government. \n \n Internet Access / Data Transmission: The provider must register with SUTEL for an “Individual Telecommunications License” (sometimes just called an authorization) in accordance with Law 8642 and its regulations. If the service involves installing network infrastructure on public property (e.g., running fiber optic cables in rights-of-way) but no scarce resources are required, a simple authorization is sufficient. Providers must be either Costa Rican companies or duly registered branches of foreign companies. \n Mobile Telephony: Because mobile phone services use radio spectrum (a public resource), an operator must obtain a concession of the radio spectrum in addition to being a licensed operator. Spectrum concessions are granted by public tender. A mobile operator therefore holds: (1) a telecom license (general authorization to provide wireless services) and (2) a spectrum concession contract issued by MICITT/SUTEL for specific frequency bands. \n Mobile Virtual Network Operators (\"MVNOs\"): Need to obtain a telecom service license from SUTEL and sign an agreement with a host MNO for access to network capacity. \n Pay TV: The regulatory treatment of pay television depends on the delivery method. Cable TV and IPTV services are considered telecommunications services (transmission of video data) and thus require an operator license from SUTEL . \n "]
["Foreign Ownership Restrictions"]
["6. Are there any foreign ownership restrictions on telecom operators?","No, there are no general foreign ownership restrictions for telecom companies in Costa Rica. Since the market opening, the law permits 100% foreign capital. The only constraints might be indirect: a local subsidiary or a branch must be incorporated in Costa Rica or have a registered branch.\n"]
["Price Regulation"]
["7. Are service prices regulated or freely determined?","They are largely freely determined in practice. \nLaw 8642 gives \nSUTEL the power to set price regulation only if a service market is not effectively competitive.\n"]
["License transfers / Change of Control"]
["8. Is regulatory approval required for license transfers or corporate control changes? \nWhat are the conditions or requirements?","Yes. Telecom licenses and spectrum concessions in Costa Rica are not freely transferable without oversight. Any transaction leading to a change in control of a telecom concessionaire or the assignment of a concession/license to a third party requires prior authorization from the authorities.\nThe parties must file an application providing details of the transaction, and \nSUTEL has a deadline to object or approve. Approval may be conditional (for instance, the regulator could require the new owner to comply with certain commitments). Once approved, the license or concession terms continue with the new owner.  If the transfer involves a concession, \nMICITT approval is also required.\n"]
["Universal Service"]
["9. Are there universal service obligations? If so, what are the applicable rules?","Yes, Costa Rica has a well-defined universal service program. The \nGeneral Telecom Law established the National Telecommunications Fund (\"\nFONATEL\") to finance universal service projects. All telecom operators must contribute a percentage of their gross revenues to \nFONATEL. \nSUTEL sets the exact contribution rate each year within a range of 1.5% to 3% of revenues (net of interconnection payments), based on funding needs.\nIn recent years, the rate has typically been around the minimum 1.5%.\n"]
["Interconnection and Access"]
["10. What are the interconnection and access obligations? Net neutrality - Are there obligations to block or filter internet content under specific conditions?","Non-discriminatory interconnection is a cornerstone of Costa Rica’s telecom regime. Under \nLaw 8642, all operators have the obligation to interconnect with each other upon request and to provide access to essential facilities. \nSUTEL’s regulations (the “\nAccess and Interconnection Regulation”) require that interconnection agreements be negotiated in good faith, be transparent, and ensure technical compatibility.\nKey aspects: (a) Network interconnection (for voice, messaging, data) must be offered at cost-oriented rates – \nSUTEL sets the costing methodology to prevent excessive charges, (b) Infrastructure sharing: Operators must allow access to physical infrastructure (towers, poles, ducts) where feasible, on reasonable terms. There is a push for passive infrastructure sharing to avoid duplicating towers, given that currently only ~20% of towers are shared among operators. (c) \nUnbundling: The law empowers \nSUTEL to mandate unbundling of network elements if needed for competition, though in practice, Costa Rica went straight to facilities-based competition rather than local loop unbundling.\nCosta Rica has a strong tradition of internet freedom and no general obligations to block or filter lawful content. There is no specific “net neutrality” statute by name, but the spirit of net neutrality is reflected in regulations that prohibit unjust discrimination of internet traffic. ISPs in Costa Rica generally must treat internet traffic in a neutral manner, meaning they should not block, throttle, or prioritize content or applications arbitrarily. The only exceptions would be for reasonable network management (e.g., to mitigate congestion or security threats) or compliance with the law.\n"]
["Spectrum Management"]
["11. How is radio spectrum allocated and managed? \nWhat is the process for awarding high-demand mobile frequencies (e.g., auction, tender, on demand)? \nIs there a secondary market for spectrum (e.g., spectrum trading or leasing)?","Radio spectrum in Costa Rica is considered part of the national domain (as stated in the \nConstitution). The State, through \nMICITT and \nSUTEL, manages spectrum to ensure its efficient use. The \nMICITT’s Viceministry of Telecommunications maintains the \nNational Frequency Allocation Plan (\"\nNFAP\"), which designates which frequency bands are for which services (broadcast, mobile, Wi-Fi, etc.). \nSUTEL handles the day-to-day spectrum administration: it issues concessions or permits, monitors usage, and enforces technical norms (power limits, interference prevention). Spectrum is categorized broadly into: (a) bands that require an exclusive concession (e.g., mobile bands, broadcast frequencies), and (b) license-exempt bands (e.g., certain ISM bands for Wi-Fi, Bluetooth) that can be used by anyone so long as devices are homologated.\nHigh-demand spectrum is awarded via competitive public bidding. Under \nLaw 8642, any spectrum for public telecom networks (like cellular bands) must be granted by a public concession process (unless reserved for \nICE by law, which was only during a transition period). Costa Rica’s approach has been to auction or tender mobile spectrum in lots.\nThe tender process is handled by \nSUTEL and follow criteria set by \nMICITT (which issues policy guidelines for auctions). The President must approve the final concession contracts. Some spectrum bands that are not scarce (or for private use networks) can be assigned on a first-come basis or via simple authorization by \nSUTEL, but prime bands for commercial services go through auctions to ensure fairness and state revenue. Once awarded, operators must pay annual spectrum fees to \nSUTEL based on the frequencies held.\nCurrently, there is no free-form secondary trading of spectrum in Costa Rica – any transfer or leasing of spectrum rights requires regulatory consent. Spectrum concessions typically include clauses prohibiting assignment without government approval.\n"]
["Right of Way and Support Structures"]
["12. Are national, regional, or municipal authorizations required for installing telecom infrastructure? \nWhat are the rules regarding the use of support structures (e.g., towers, poles; sharing of infraestructure)?","Yes. Telecom infrastructure deployment often requires permits at multiple levels of government. While \nSUTEL grants the high-level telecom license or concession, municipal permits are typically needed for civil works like digging fiber optic trenches or building wireless towers. Each municipality in Costa Rica can have its own ordinances for construction and land use. This meant, historically, that telcos had to navigate a patchwork of local rules – some municipalities had no specific tower regulations even a decade after market opening.\nCosta Rica encourages the sharing of passive infrastructure to reduce costs and visual impact. Independent tower companies (such as SBA and American Tower) operate in the country and typically do not require a telecom service license so long as they purely provide passive infrastructure (towers, masts, building space) and not telecom services themselves. These companies must comply with local construction permits and safety regulations, but from \nSUTEL’s perspective, they are considered infrastructure providers, not service operators. They often register with \nSUTEL in a special registry of infrastructure providers, mainly for informational purposes.\n"]
["Passive Infrastructure"]
["13. What regulations apply to the deployment and sharing of passive telecom infrastructure?","Besides the general rules mentioned above, Costa Rica’s regulatory framework treats passive infrastructure as a facilitatory service. Independent tower companies (who build towers and lease space on them) operate under business licenses but do not need a telecom operator license because they are not providing telecom services directly. \nExecutive Decree No. 34765 (the regulation under \nLaw 8642) clarifies that passive infrastructure provision is not a telecom service per se. These companies simply must adhere to technical standards (e.g., structures must meet the Ministry of Health’s radiation exposure limits and engineering codes) and must not discriminate unreasonably among telecom operators – effectively, if an independent tower company has capacity, it should lease to any licensed operator on similar terms\n"]
["Submarine Cables"]
["14. Are regulatory authorizations required for the landing and operation of submarine cables?","Under the telecom law, a submarine cable system would apply to \nMICITT for a \nSubmarine Cable Landing License. The application must include details such as the planned route, landing station location, technical specifications, and capacity. \nSUTEL and \nMICITT review to ensure that spectrum (for the cable’s landing station frequencies) and national security considerations are addressed. Environmental permits are also important – because under maritime and environmental law, laying cable on the seabed may require assessments or coordination with the Environment Ministry.\n"]
["Satellite Services"]
["15. What are the licensing requirements for satellite services (based on the type of constellation)?","Costa Rica does not have its own satellites, but it authorizes foreign satellite systems to provide services in the country. Any entity offering satellite communication services (whether using geostationary satellites or non-geostationary constellations like LEOs) must have a telecom license if it provides services to the public in Costa Rica.\n"]
["16. Are authorizations required for ground stations?","Yes. Any ground station (earth station) transmitting to satellites from Costa Rican territory needs a radio concession for the frequency it will use to uplink. The station must be authorized by \nSUTEL/MICITT.\n"]
["17. Is direct-to-device satellite communication regulated?","Direct-to-device (\"\nD2D\") satellite services (also known as satellite-to-phone or non-terrestrial networks, NTN) are a new area and not yet fully regulated. Costa Rica has no specific law or rule on \nD2D as of 2025.\nHowever, any such service would fall under existing telecom rules: if a satellite aims to provide connectivity directly to handsets in Costa Rica, the satellite operator (or its local partner) would need a telecom service authorization and likely a spectrum agreement for the specific band used.\n"]
["Telecommunications Equipment"]
["18. Are telecommunications devices subject to homologation or type approval?","Yes. Costa Rica maintains a strict homologation (type approval) regime for telecom devices. All telecommunications equipment that will be used or sold in Costa Rica – from mobile handsets and radio transmitters to Wi-Fi routers and satellite terminals – must be certified by \nSUTEL for compliance with technical standards. \nSUTEL operates a homologation system where manufacturers or importers submit the device for testing or provide test reports.\n"]
["Audiovisual Communications Services Market Overview"]
["19. What is the current state of the audiovisual market in your jurisdiction? \nWho are the main players? \nWhat is the market share of Pay TV, OTT platforms, and traditional broadcasting (radio and free-to-air TV)? \nWhat are the main regulatory or industry issues (e.g., OTT regulation, media ownership restrictions, updates to traditional service frameworks)?"," Costa Rica’s audiovisual sector is characterized by a mix of traditional broadcasters, Pay TV services, and rapidly growing internet-based platforms. Free-to-air television (\" FTA \") remains influential– most households can receive national broadcast channels, and they continue to draw audiences for news, sports, and entertainment. However, viewership has gradually shifted toward Pay TV and OTT streaming among younger demographics and in urban areas. \n The audiovisual sector’s main players include: \n \n Televisora de Costa Rica (Teletica) \n Repretel \n Sistema Nacional de Radio y Televisión (\" SINART \") – \n Pay TV Operators: The leading Pay TV companies are Liberty Cabletica, Telecable, and Claro TV. There is also Sky and ICE . \n OTT Platforms: While not Costa Rican companies, services like Netflix, YouTube, and Disney+ are crucial players in terms of viewership. \n \n SUTEL does not publish official percentage market shares for OTT vs free-to-air broadcasting. What is publicly available is that Pay TV subscriptions in 2024 numbered about 798,828, and that this figure has declined for four straight years, indicating migration toward OTT . Free-to-air broadcasting remains widely accessible, particularly for news, sports, and general programming, while OTT platforms (e.g., Netflix, YouTube, Disney+) are growing rapidly in popularity but lack disclosed share metrics. \n Costa Rica’s audiovisual sector faces several structural and regulatory challenges derived from technological convergence and market evolution. The main issue is the outdated legal framework governing broadcasting and audiovisual services. Traditional free-to-air radio and television are still regulated by the Ley de Radio N.º 1758 of 1954 , while subscription-based television (cable and IPTV) falls under the Ley General de Telecomunicaciones N.º 8642 of 2008 . This division has created inconsistencies, as new hybrid and digital models—such as OTT streaming—do not fit neatly into either regime. As a result, the regulatory gap between traditional broadcasters and online platforms continues to widen. \n Another central issue is the absence of specific regulation for OTT platforms, which operate freely under general commercial law. Although they are not subject to local licensing, they are taxed under the Resolución DGT-R-13-2020, which applies a 13% VAT to cross-border digital services, including streaming subscriptions. In contrast, local broadcasters and Pay TV operators remain bound by national concession requirements and content obligations, creating asymmetrical conditions of competition. \n Further challenges include media ownership and foreign participation limits still present under the Radio Law , which require State authorization for broadcast concessions and restrict direct foreign control—limitations that no longer apply to telecom-based audiovisual operators under Law 8642 . Additionally, there is growing pressure to modernize content quotas and public-interest obligations, originally designed for analog broadcasting, to reflect the digital environment and audience fragmentation. The sector also lacks explicit must-carry provisions, leaving channel carriage to private negotiation, and faces questions regarding consumer protection and content accountability in the expanding digital ecosystem. "]
["Audiovisual Communication Services Regulatory Framework"]
["20. What are the main laws applicable to audiovisual communication services? Which authority regulates this sector?","Audiovisual services in Costa Rica are governed primarily by two laws. The \nRadio Law (\nLey de Radio N.º 1758 of 1954) regulates free-to-air radio and television broadcasting, including concessions for the use of spectrum, public-interest obligations, and technical standards. The\n General Telecommunications Law (\nLey N.º 8642 of 2008) liberalized the telecommunications sector and governs subscription-based audiovisual services such as cable, IPTV, and satellite television.\nRegulation is shared between \nMICITT, which defines national broadcasting and telecommunications policy and grants broadcast concessions; and \nSUTEL, which regulates telecom-based audiovisual services, manages operator licensing, monitors market competition, and enforces user-protection rules.\n"]
["Audiovisual Communications Services Licensing"]
["21. What types of licenses are available? \nWhat is the procedure to apply for a license? \nWhat is the duration of audiovisual licenses?","Costa Rica applies a dual licensing structure depending on the service type. Free-to-air radio and television broadcasters operate under a broadcast concession (\nconcesión de frecuencias) granted pursuant to the \nLey de Radio N.º 1758, which governs the use of spectrum for broadcasting purposes. In contrast, subscription-based audiovisual services such as cable TV, IPTV, or satellite TV operate under the telecommunications regime created by the \nLey General de Telecomunicaciones N.º 8642. These services require an operator license or concession (\ntítulo habilitante) from \nSUTEL, depending on whether they use radio spectrum or only network infrastructure.\nApplications for broadcast concessions must be submitted to \nMICITT, which oversees public tenders and technical allocation of frequencies. Applicants must provide corporate, financial, and technical documentation and comply with the frequency allocation plan. For subscription-based audiovisual services, applicants must register before \nSUTEL, either to obtain a telecom concession (if spectrum or public domain assets are used) or a license/authorization (if the service is provided over private infrastructure). All applicants must be Costa Rican companies or duly registered branches of foreign entities and must demonstrate compliance with technical and consumer-protection standards established in the regulations of \nLaw 8642. \nSUTEL has recently launched a public bid for radio and TV frequencies.\nUnder the \nLey de Radio N.º 1758, broadcast concessions are typically granted for 10 years, renewable upon compliance with concession conditions and regulatory requirements. Under the \nLey General de Telecomunicaciones, telecom licenses and concessions are granted for an indefinite duration, unless otherwise limited by the specific title or spectrum assignment terms. Spectrum concessions generally last 15 years and may be renewed subject to performance and payment of the corresponding fees established by \nSUTEL.\n"]
["License or Share Transfers"]
["22. Is regulatory approval required for license or share transfers? What are the conditions or requirements?","Yes, broadcasting concessions and telecommunications licenses or concessions are not freely transferable without prior authorization from the competent authority. Under the \nLey de Radio N.º 1758, any assignment or transfer of broadcast frequency rights requires prior approval from the State, through \nMICITT, as these frequencies are part of the national radio spectrum and considered public domain.\nSimilarly, under the \nLey General de Telecomunicaciones N.º 8642, telecom concessions and licenses (including those for subscription-based audiovisual services) may only be transferred or result in a change of control with prior authorization from \nSUTEL. The parties must file an application describing the transaction, the new ownership structure, and evidence of technical and financial capacity. \nSUTEL may approve the transfer if the new holder meets the same legal, technical, and financial requirements imposed on the original licensee.\n"]
["Restrictions"]
["23. Are there restrictions on foreign investment? \nAre there exceptions? \nAre there any incompatibilities or cross-ownership restrictions?","Yes. The level of restriction depends on the type of audiovisual service. Under the \nLey de Radio N.º 1758, free-to-air radio and television frequencies are considered a public domain asset, and concessions for their use must be granted to Costa Rican nationals or companies incorporated in Costa Rica. Any direct or indirect foreign participation requires explicit State authorization, given the public-interest nature of broadcast frequencies. In contrast, telecommunication-based audiovisual services such as cable, IPTV, or satellite TV—regulated by the \nLey General de Telecomunicaciones N.º 8642—are open to 100% foreign investment, provided the operator is duly incorporated or registered in Costa Rica and complies with local tax and regulatory requirements.\nThere are no statutory cross-ownership prohibitions between broadcasters and telecom operators, but concentration of ownership may be reviewed by \nSUTEL under its competition-authority powers (Articles 52–56 of \nLaw 8642) to ensure market neutrality and prevent anti-competitive practices.\n"]
["24. Are there limits to the number of licenses that can be held?","Under the\n Ley de Radio N.º 1758, the number of broadcast concessions that an individual or entity may hold is determined by concession terms and the availability of frequencies, with the State retaining discretion to preserve pluralism and spectrum efficiency. The current bid launched by \nSUTEL contains spectrum concentration provisions.\n"]
["Registries"]
["25. Are audiovisual signals, production companies, and advertising agencies subject to registration?","Yes. Under the \nLey de Radio N.º 1758 and the \nLey General de Telecomunicaciones N.º 8642, all entities providing broadcasting or subscription-based audiovisual services must be duly registered. Free-to-air broadcasters obtain a broadcast concession from \nMICITT, which automatically enters them in the National Register of Concessions. Telecommunication-based audiovisual operators (such as cable and IPTV providers) are registered by \nSUTEL within its \nRegistro de Títulos Habilitantes.\nProduction companies and advertising agencies are not required to maintain a specific audiovisual registry but must comply with normal regulatory obligations, such as commercial and tax registration requirements applicable to service providers in Costa Rica.\n"]
["26. Are there obligations to include national or local content; and, original vs. acquired content?","The \nLey de Radio imposes a public-interest programming obligation on free-to-air broadcasters, requiring them to allocate a portion of daily programming to educational, cultural, and national content. The exact percentage is not fixed by statute but may be determined within each concession’s terms and conditions. Subscription-based audiovisual services and \nOTT platforms do not have mandatory national-content quotas. Nevertheless, local broadcasters frequently include Costa Rican productions to satisfy concession objectives and public-interest criteria.\n"]
["27. Are there any requirements for specific contents (e.g., news, fiction, children’s programming?","Yes. Under the \nLey de Radio, licensees must respect content standards designed to protect public morals, minors, and national values. Broadcasters are expected to provide content consistent with educational and civic principles and to comply with scheduling restrictions for adult material. There are no prescriptive quotas for specific genres such as news or fiction, but children’s programming and educational content are encouraged under the public-interest mandate. \nOTT and subscription-based services are only bound by general laws on consumer protection, public health, and criminal liability for prohibited content.\n"]
["Screen Quotas"]
["28. Are there minimum quotas for national content?","Costa Rica does not impose fixed screen quotas expressed as percentages of national content for broadcasters or audiovisual operators. However, under the \nLey de Radio N.º 1758, free-to-air broadcasters are required to include programming of national, educational, and cultural interest as part of their concession obligations. These obligations are qualitative rather than quantitative and are interpreted in line with each concession’s public-service purpose. Subscription-based audiovisual services (cable, IPTV, satellite) and \nOTT platforms are not subject to any content-quota requirements. Their programming choices remain governed by market demand and general laws on advertising, consumer protection, and the protection of minors.\n"]
["Must-Carry Rules"]
["29. Are Pay TV operators required to carry certain free-to-air channels? What is the scope of this obligation?","No. Costa Rica’s telecommunications and audiovisual legislation does not establish an explicit must-carry obligation for subscription-based audiovisual operators. There is no statutory requirement forcing cable or IPTV providers to retransmit local free-to-air signals.  But free-to-air channels must provide their content to Pay TV operators.\nCarriage of free-to-air channels is therefore governed by private agreements between broadcasters and Pay TV operators, subject to general telecom and competition rules enforced by \nSUTEL. In practice, most cable systems voluntarily include major national broadcasters (Teletica, Repretel, SINART) to meet consumer expectations and maintain competitive parity, but this practice arises from commercial negotiation rather than legal mandate.\n"]
["Advertising"]
["30. Are there requirements regarding domestic or foreign advertising production?","Costa Rican law does not establish production-origin quotas for advertising in audiovisual media. Both domestic and foreign advertising are permitted, provided they comply with national regulations on language, decency, and truthful communication. Advertising must observe the general moral principles contained in the \nLey de Radio N.º 1758 and the \nLey de Promoción de la Competencia y Defensa Efectiva del Consumidor N.º 7472. There are no reciprocity requirements for foreign ads, though all content broadcast in Costa Rica must comply with local consumer-protection and health standards.\n"]
["31. Are there prohibitions on certain products or audiences (e.g., children)?","Yes. Costa Rican law prohibits or restricts the advertising of certain products to protect consumers and minors. The \nLey General de Salud N.º 5395 prohibits advertising of tobacco and strongly restricts alcohol advertising, including time-slot and audience limitations. The \nCódigo de la Niñez y la Adolescencia N.º 7739 forbids the broadcast of advertising harmful to children’s physical or moral development. In addition, misleading, discriminatory, or deceptive advertising is prohibited under \nLaw 7472 and can be sanctioned by the \nComisión Nacional del Consumidor (\"\nMEIC\").\n"]
["32. Is there a registry for advertisers or reciprocity obligations?","No specialized registry for advertisers exists under audiovisual law. Advertising agencies and media companies operate under ordinary commercial and tax registration. There are no reciprocity or local-representation obligations for foreign agencies or advertisers.\n"]
["Taxes"]
["33. Are audiovisual services subject to special taxes or levies?","Traditional broadcasters pay concession fees established under the \nLey de Radio N.º 1758 for use of the spectrum and administrative rights. Subscription-based audiovisual services are subject to general corporate income tax and value-added tax (IVA 13%). Since 2020, \nOTT and streaming platforms that provide digital content to Costa Rican consumers are taxed under \nResolution DGT-R-13-2020, which applies the 13% VAT to cross-border digital services; the tax is automatically withheld by local banks or card issuers. No additional sector-specific levies are currently imposed on audiovisual or streaming services.\n"]
["OTT Platforms"]
["34. Are OTT platforms regulated? To what extent? Are there obligations for OTTs to register locally or appoint a legal representative? \nAre screen quotas applied to OTT and on-demand services? \nAre there tax obligations applicable to streaming platforms?","OTT (Over-the-Top) platforms such as Netflix, Disney+, Amazon Prime, and YouTube are not specifically regulated as audiovisual services in Costa Rica. They operate under general commercial and consumer-protection law, without requiring a broadcasting or telecommunications license from \nSUTEL or a concession from \nMICITT.\nThere is no obligation for \nOTT providers to register locally or appoint a legal representative, unless they establish a physical presence in Costa Rica. Regulatory oversight applies only to the underlying connectivity and data services (governed by \nLaw N.º 8642), not to the audiovisual content itself.\nCosta Rica does not impose national content quotas or programming obligations on \nOTT or on-demand platforms. Their content selection is entirely market-driven. The only applicable limits concern compliance with laws on consumer protection, advertising, and content harmful to minors, which apply equally to all audiovisual distributors operating in the country.\nSince \nResolution DGT-R-13-2020 issued by the Ministry of Finance, \nOTT and other digital content platforms providing services to Costa Rican consumers are subject to a 13% VAT on cross-border digital services. The VAT is automatically withheld by local banks or card issuers at the time of payment, ensuring fiscal compliance even for providers without local registration.\n"]
["AI Main Framework"]
["35. Is there any main regulatory framework governing artificial intelligence in your jurisdiction? \nAre there sector-specific regulations for the use of AI (e.g., in finance, health, education)? Which authorities oversee AI-related matters? \nAre there any draft bills or ongoing public consultations?","Not yet. Costa Rica does not currently have a dedicated, enacted AI law. The country relies on existing legal domains (data protection, intellectual property, cybersecurity, consumer protection) to address AI risks. That said, Costa Rica has adopted a \nNational Artificial Intelligence Strategy (\"ENIA\") 2024–2027, which is intended to lay out policy pillars, principles (ethics, human rights, transparency), and guidelines for future regulation.\nThere are no known sector-specific AI regulations unique to those fields in force yet. However, sectors like finance and health that already have strict data, privacy, consumer, or medical regulations may implicitly constrain how AI is used.\nIn the absence of specific AI law, the primary authority is \nMICITT (Ministry of Science, Innovation, Technology and Telecommunications), which is leading the development of the national AI strategy and is proposed in draft initiatives to be the oversight body for AI.\nSeveral draft bills are under consideration. One notable draft is \nBill No. 23771, submitted in May 2023, which proposes an AI regulatory framework with auditing, accountability, risk categorization, transparency, bias mitigation, and oversight mechanisms.\n"]
["AI Best Practices and Principles"]
["36. Please describe if there is any mandatory requirement to provide AI-based services under your jurisdiction's regulations. \nAre any AI technologies considered high-risk or prohibited? \nWhat best practices are recommended or adopted in your jurisdiction?  Are there requirements for algorithm traceability or auditability? Are there user-facing transparency or disclosure obligations? \nAre AI systems required to undergo impact assessments or risk classification?"," There is no AI-specific statute in force that imposes mandatory requirements uniquely for AI systems. AI deployments must comply with existing laws—especially data protection Law No. 8968 (lawful basis, purpose limitation, data-subject rights), consumer protection, IP, and cybersecurity frameworks. \n No, not by binding law yet. \n The National AI Strategy (\" ENIA \") 2024–2027 recommends human-rights-centric AI (dignity, transparency, accountability), risk management, and ethics-by-design in public and private projects; these are policy guidelines, not binding rules. \n Not mandated by current law. \n No AI-specific disclosures are required yet. General transparency duties flow from data protection Law 8968 (e.g., privacy notices, lawful processing) and consumer law for truthful information; the draft AI bill would add explicit transparency duties for certain systems. \n Not at present. The Draft AI bill (Exp. 23.771) would require risk classification and AI impact assessments for significant-risk uses, overseen by a MICITT -based authority, but this remains pending. "]
["Other Applicable Regulations"]
["37. Are general regulations applicable to artificial intelligence? In such case, mention the most relevant legislation.","Costa Rica has no specific AI law yet, but several general regulations apply. The most relevant are the \nData Protection Law No. 8968, which governs personal data processing in AI systems; the \nConsumer Protection Law No. 7472, ensuring transparency and liability for AI-based products and services; and the \nGeneral Telecommunications Law No. 8642, applicable when AI is used in telecom operations. Other frameworks, such as cybersecurity, intellectual property, and public-sector transparency rules, also apply depending on the context of use.\n"]
["Main Cybersecurity Framework"]
["38. What is the current legal framework for cybersecurity? \nIs there a national cybersecurity strategy or action plan in force? \nAre there any relevant bills or ongoing public consultations?","Costa Rica lacks a single, comprehensive cybersecurity law. Cybercrime and security are regulated through a patchwork of criminal statutes (notably \nLaw No. 9048 on computer and related offenses) and procedural laws (e.g., \nLaw on Intervention of Telecommunications) as applied within the \nCriminal Code. \nIn 2023, Costa Rica launched a \nNational Cybersecurity Strategy 2023–2027, setting a policy and action framework to strengthen governance, resilience, legal adaptation, infrastructure protection, capacity building, and international cooperation.\nThe \nNational Cybersecurity Strategy 2023–2027 is actively in force, issued by \nMICITT, with five pillars including governance, legal framework adaptation, protection of critical infrastructure, ecosystem capacity building, and international cooperation.\nMICITT has published drafts and invited consultation over a national cybersecurity strategy and related regulatory frameworks. Also, Costa Rica is exploring initiatives to establish a Cybersecurity Operations Center (\"\nCyber-SOC\") by 2026 under joint U.S. support.\n"]
["Cybersecurity Obligations"]
["39. Are there minimum cybersecurity requirements for companies or service providers (e.g. sectors such as telecom, energy, health, or finance)?","There is no sector-agnostic law that currently imposes standardized, enforceable cybersecurity obligations on private companies across all sectors. The \nNational Cybersecurity Strategy 2023–2027 envisions developing legal and regulatory frameworks for mandatory controls, especially for critical infrastructure and regulated sectors (e.g., telecom, energy) in future updates.\nIn certain industrial or operational contexts, organizations adopt internal security audits, continuity plans, and risk assessments as part of best practices (especially in industrial control systems).\n"]
["40. Are there any relevant jurisdictional cases related to cybersecurity incidents where private or public entities were sanctioned because of an infringement?","A prominent case is the 2022 Conti ransomware attack against Costa Rican government institutions (Ministry of Finance, social security, etc.). The attack caused widespread service disruption and led the government to declare a national emergency. The event exposed gaps in governmental cyber defenses but publicly reported legal sanctions against private sector entities are limited.\n"]
["41. Are there mandatory incident response plans or reporting obligations?","Not generally mandated by law for all entities. However, public agencies are expected under the \nNational Cybersecurity Strategy to coordinate with the national \nCSIRT-CR and report significant incidents.\nAfter the 2022 attack, the government required affected public institutions to notify the \nCSIRT-CR and maintain backups, vulnerability scans, logs and incident documentation.\nAdditionally, \nBill No. 24135 (pending) would require 72-hour breach notification for data incidents, closer to \nGDPR norms.\n"]
["42. How do companies coordinate with authorities in the event of a cyberattack?","Private and public entities typically coordinate through Costa Rica’s \nCSIRT-CR, and via \nMICITT and relevant sector regulators. In government incidents, institutions are required to notify \nCSIRT-CR and collaborate in investigation efforts. Law enforcement (Judicial Investigation Agency/OIJ) is engaged under cybercrime statutes when an attack involves criminal activity.\n"]
["43. Are there specific provisions for the criminalization of cyber-related offenses?","Yes. Costa Rica has \nLaw 9048 (2012) on computer & related offenses amending the \nCriminal Code; additional reforms (e.g. \nLaw No. 9135) have expanded the definition of cybercrimes (unauthorized access, interception, data theft, extortion, sabotage) under national law.\n"]
["Cross-Border and Cooperation"]
["44. Is your jurisdiction subject or adhered to any international cooperation agreements or treaties with other countries and/or international bodies? Does your jurisdiction participate in global cybersecurity initiatives?","Costa Rica actively participates in multiple international cybersecurity cooperation frameworks. It is a party to the \nBudapest Convention on Cybercrime (ratified by \nExecutive Decree No. 40546 in 2017) and has signed the \nSecond Additional Protocol to enhance cross-border cooperation and electronic evidence sharing. The country also engages through the \nOrganization of American States (\"\nOAS\") regional cybersecurity programs and the \nGLACY+ Project of the Council of Europe, which supports legislative and capacity-building efforts against cybercrime.\nIn addition, Costa Rica has pursued bilateral and regional initiatives—notably a U.S.–Costa Rica partnership to establish a National Cybersecurity Operations Center (\"\nCyber-SOC\") by 2026, and a cooperation agreement with the Dominican Republic on digital transformation and cybersecurity. The \nNational Cybersecurity Strategy 2023–2027, led by \nMICITT, explicitly identifies international cooperation, information sharing, and joint response mechanisms as key pillars for strengthening national resilience and global coordination.\n"]