Costa Rican internet service provider (ISP) Japi has launched a fresh legal challenge against telecoms regulator Superintendencia de Telecomunicaciones (Sutel), calling into question the extent of the watchdog’s authority. El Financiero writes that Japi has claimed that some of the powers attributed to Sutel – specifically, the right to withdraw or cancel concessions – have no legal basis and are unconstitutional. Further, Japi added that Sutel lacked the expertise to effectively manage the country’s spectrum resources. Only the state, acting through the executive branch has the right to control and manage spectrum, the operator argued, whilst the regulatory authority only has the power to monitor usage.
As noted by TeleGeography’s GlobalComms Database, Japi’s battle with the regulator was sparked by an August 2013 ruling from Sutel which claimed that the WiMAX operator’s concession did not cover the provision of wireless internet services and as such, Japi was ordered to cease the offering. Japi was given a reprieve later that year, however, when the Administrative Court accepted its application for an injunction against Sutel’s decision and the case has lain dormant ever since.