Resolución 583 — Implementation of Aresep Contigo and Operator mobile applications

the entire text - Complete Text of Regulation 583 Implementation proposal for mobile operators and application of dissatisfactions in public services REGULATORY AUTHORITY FOR PUBLIC SERVICES RESOLUTION RE-0583-RG-2024 San José, at fifteen hours and twelve minutes on the third of October of two thousand twenty-four.

THE REGULATOR GENERAL HEARS THE IMPLEMENTATION PROPOSAL FOR THE MOBILE APPLICATIONS ARESEP CONTIGO, ARESEP OPERADOR AND THE WEB APPLICATION DISSATISFACTIONS IN THE PUBLIC SERVICES REGULATED BY THE REGULATORY AUTHORITY FOR PUBLIC SERVICES.

I.That on February 27, 2017, the then Regulator General, through official communication 172-RG-2017, requested the Intendencies of Water, Energy, and Transport to submit a work plan for the implementation of the general module of the Regulatory Information System (SIR) in each of the intendencies. (Folios 235 to 236)

II.That on February 28, 2017, the then Regulator General, through official communication 179-RG-2017, formally presented the Regulatory Information System (SIR) to the providers of public services regulated by Aresep. (Folios 237 to 239)

III.That on April 6, 2017, the Intendency of Water, through resolution RIA-0002-2017, published in Alcance N°81 to La Gaceta N°72 of April 18, 2017, instructed the providers of services regulated by this Intendency regarding the start of the implementation of the first stage of the SIR, called "General Module". (Folios 721 to 728)

IV.That on May 12, 2017, the Intendency of Transport, through resolution RIT-032-2017, published in Alcance N°105 to La Gaceta N°92 of May 17, 2017, instructed the providers of services regulated by this Intendency regarding the start of the implementation of the first stage of the SIR, called "General Module". (Folios 738 to 743)

V.That on May 19, 2017, the Intendency of Energy, through resolution RIE-0050-2017, published in Alcance N°114 to La Gaceta N°99 of May 26, 2017, instructed the providers of services regulated by this Intendency regarding the start of the implementation of the first stage of the SIR, called "General Module". (Folios 729 to 737)

VI.That on February 25, 2020, the Board of Directors of the Regulatory Authority for Public Services, through agreement 08-12-2020, of ordinary session 12-2020, approved the Strategic Information Technology Plan 2017-2022 (PETI) and the Information Technology Plan 2017-2022 (PTI), which include the Mobile Applications Strategy. (Folios 240 to 350)

VII.That on October 5, 2021, the Board of Directors of the Regulatory Authority for Public Services, through agreement 05-86-2021, of ordinary session 86-2021, approved the Regulatory Policy of the Regulatory Authority for Public Services, which was published in Alcance 209, of La Gaceta N°199 on October 15, 2021. (Folios 570 to 720)

VIII.That on July 29, 2022, through resolution RE-0264-RGA-2022, the Deputy Regulator General, due to the absence at that time of an appointment for the Regulator General, in accordance with the provisions of Article 57, subsection b), point 4 of Law N°7593, and Article 40 of its Regulations, resolved, regarding the matter of interest, the following:

I.Instruct all operators of regulated public services to keep the information in the SIR general module updated, especially the name of the operator or legal representative, as applicable, and the email address. In the case of remunerated passenger transport services, Taxi modality, that are registered in the SIR, it is only required that they access the mobile application ARESEP Operador and the web application Disatisfactions.

II.Establish the obligation for operators of public services that contain functionalities implemented within the mobile application to use the tools ARESEP Operador (for those who have mobile devices) or the web application Disatisfactions (from a browser with Internet connectivity), for managing the dissatisfactions filed by users through the mobile application ARESEP Contigo, within a maximum period of 30 calendar days, counted from the publication of this resolution.

III.Establish a maximum period of 10 business days for operators of public services to resolve dissatisfactions filed through the mobile application ARESEP Contigo. In the event that the operator does not resolve the dissatisfaction within the indicated period, the respective record will be transferred to the General Directorate of User Services for what corresponds under Law 7593.

(.)" (Emphasis corresponds to the original). Said resolution was published in the official gazette La Gaceta N° 150, of August 9, 2022. (Folios 3 to 5)

IX.That on August 11, 2022, through official communication CNT-202-2022-AL, the Association Cámara Nacional de Transportes de Costa Rica (Canatrans), filed an appeal for revocation with subsidiary appeal against resolution RE-0264-RGA-2022, of July 29, 2022. (Folios 50 and 52)

X.That on August 12, 2022, through memorandum ME-0448-RGA-2022, the Deputy Regulator General, due to the absence at that time of an appointment for the Regulator General, referred for analysis by the General Directorate of Legal and Regulatory Advisory Services (DGAJR), the appeal for revocation and subsidiary appeal and concomitant nullity action, filed by Canatrans, against resolution RE-0264-RGA-2022, of July 29, 2022 (official communication CNT-202-2022-AL). (It is recorded in the DGAJR archives)

XI.That on November 2, 2022, through official communication OF-0831-DGAJR-2022, the DGAJR warned Canatrans to remedy, within a period of three business days, the digital signature -as the guarantee of validity over time of said signature was affected-, of the appeal for revocation and subsidiary appeal and concomitant nullity action, filed by Canatrans, against resolution RE-0264-RGA-2022, of July 29, 2022 (official communication CNT-202-2022-AL). (Folios 6 to 11)

XII.That on November 4, 2022, through document CNT-391-2022, Canatrans, in a timely manner, complied with the warning issued by the DGAJR through official communication OF-0831-DGAJR-2022. (Folio 13)

XIII.That on July 11, 2022, through extraordinary session N°45-2022, the Board of Directors of the Regulatory Authority for Public Services (Aresep) approved the Institutional Strategic Plan 2023-2028, which includes within strategic objective 3 "Exercise strict accounting, financial, and technical oversight of the operations and investments of public service providers that guarantee the principle of service-at-cost and compliance with the obligations established by law," the following strategies related to the SIR:

Strategy 3.3 Strengthen the Regulatory Information System that allows integrating the accounting, financial, and investment information of providers for regulatory decision-making.

Goal 3.3.a That by the year 2026, the information in the Regulatory Information System has been simplified, standardized, and digitized.

Goal 3.3.b That by the year 2028, the Regulatory Information System completely includes the information of public service providers in all regulated sectors.

XIV.XIV. That on July 20, 2023, through resolution RE-0305-RG-2023, the Regulator General resolved: "I. Declare without merit, the appeal for revocation and the concomitant nullity action, filed by the Association Cámara Nacional de Transporte de Costa Rica (Canatrans), against resolution RE-0264-RGA-2022, of July 29, 2022. II. Elevate to the Board of Directors the appeal presented in subsidy and warn the party that it has three business days, counted from the notification of this resolution, to assert its rights before said appellate body. (.)". (Folios 14 to 40, 44 to 49)

XV.That on July 27, 2023, through memorandum ME-0104-SJD-2023, the Secretariat of the Board of Directors referred to the General Directorate of Legal and Regulatory Advisory Services for its analysis the appeal filed by Canatrans against resolution RE-0264-RGA-2022. (Folio 41)

XVI.That on October 24, 2023, through memorandum ME-0747-RG-2023, the Regulator General referred to the General Directorate of Legal and Regulatory Advisory Services the appeal against resolution RE-0264-RGA-2022. (Folio 51).

XVII.That on May 9, 2024, through official communication OF-0310-DGAJR-2024, the DGAJR rendered its opinion on the appeal filed by the Association Cámara Nacional de Transportes de Costa Rica (Canatrans), against resolution RE-0264-RGA-2022, of July 29, 2022. (Folios 143 to 233).

XVIII.That on June 21, 2024, through resolution RE-0051-JD-2024, the Board of Directors of the Regulatory Authority for Public Services resolved, regarding the matter of interest, the following:

I.Declare partially with merit, solely regarding argument 1, the appeal filed by the Association Cámara Nacional de Transporte de Costa Rica (Canatrans), against resolution RE-0264-RGA-2022, of July 29, 2022, in that said administrative act requires for its issuance the prior space for exercising the corresponding right of citizen participation. It is not correct regarding the application for the particular case of the hearing classified under Article 361 of the General Law of Public Administration.

II.Declare the absolute nullity of the resolution against resolution RE-0264-RGA-2022, of July 29, 2022, which implemented the "mobile application Aresep Contigo, Aresep Operador and the web application Disatisfactions in regulated public services," insofar as the right of citizen participation, defense, and due process was violated by omitting to conduct a public consultation.

III.Return the procedure to the appropriate procedural stage, so that the Task Force of the Regulatory Improvement Plan submits the implementation proposal for the mobile applications Aresep Contigo, Aresep Operador and the web application Disatisfactions to the indicated citizen participation procedure.

IV.Dimension the effects of the declared absolute nullity of resolution RE-0264-RGA-2022, in order to keep the mobile applications Aresep Contigo, Aresep Operador and the web application Disatisfactions in force for a period of ONE CALENDAR MONTH, counted from the notification of the resolution to be issued by the Board of Directors annulling resolution RE-0264-RGA-2022, a period within which the Task Force of the Regulatory Improvement Plan must rectify the procedure and present the respective proposal to the Regulator General.

V.Instruct the Task Force of the Regulatory Improvement Plan so that, immediately upon notification of the resolution to be issued by the Board of Directors annulling resolution RE-0264-RGA-2022, it proceeds to rectify the procedure by managing the necessary steps for the respective public consultation to be carried out, addressing the positions raised, and presenting a new proposal to the Regulator General. All of the above, within the established calendar month.

XIX.XIX. That on July 5, 2024, resolution RE-0051-JD-2024, which resolved the appeal against resolution RE-0264-RGA-2022, was notified to the General Directorate of User Services, in its capacity as coordinator of the task force responsible for monitoring the Mobile Application. (Folio 140).

XX.That on August 1, 2024, through report IN-0002-DGAUFTPMRSA-2024, the first version of the "PROPOSAL FOR THE IMPLEMENTATION OF THE MOBILE APPLICATION ARESEP CONTIGO, ARESEP OPERADOR AND THE WEB APPLICATION DISSATISFACTIONS IN REGULATED PUBLIC SERVICES" was generated. (Folios 744 to 764)

XXI.That on August 12, 2024, through official communication OF-0001-DGAUFTPMRSA-2024, the request was made to convene a public consultation for the "PROPOSAL FOR THE IMPLEMENTATION OF THE MOBILE APPLICATION ARESEP CONTIGO, ARESEP OPERADOR AND THE WEB APPLICATION DISSATISFACTIONS IN REGULATED PUBLIC SERVICES."

XXII.That on August 16, the publication of the public consultation proceeded in the Official Gazette La Gaceta and nationally circulated newspapers, indicating that the deadline to submit positions expired on August 21, 2024. (Folios 797 to 800)

XXIII.That on August 22, 2024, with the public consultation process concluded, through report IN-0528-DGAU-2024, the report on positions and coadyuvancies was submitted. (Folio 804 to 805).

XXIV.That on August 28, 2024, with the public consultation process concluded, through report IN-0534-DGAU-2024, an addendum to the report on positions and coadyuvancies was submitted. (Folio 804 to 805).

XXV.That on August 28, 2024, through resolution RE-0126-DGAU-2024, the resolution of rejection of the position of Mr. Alberto Cabezas Villalobos was issued. (Folio 809 to 811).

XXVI.That on September 5, 2024, the responsible task force submitted report IN-0003-DGAU-FTPMRSA-2024 whereby it presented the implementation proposal for the mobile applications Aresep Contigo and Aresep Operador and the web application dissatisfactions in public services regulated by the Regulatory Authority for Public Services. (Folio 814 to 864).

XXVII. That the useful and necessary proceedings for the issuance of this resolution have been carried out

I.That from the aforementioned Task Force report IN-0003-DGAU-FTPMRSA-2024, which serves as support for the issuance of this resolution, it is appropriate to extract the following:

II. JUSTIFICATION FOR THE PROPOSAL

I.That Article 27 of the Political Constitution of the Republic of Costa Rica guarantees citizens the right to freedom of petition, individually or collectively, before any public official or official entity, and the right to prompt resolution.

II.That the Law for the Protection of Citizens from the Excess of Requirements and Administrative Procedures, Law N°8220, mandates the simplification of procedures and requirements established by the Public Administration for citizens, avoiding duplications and guaranteeing in an expeditious manner the right of petition and free access to public departments, contributing undeniably to the process of strengthening the principle of legal certainty of the Costa Rican democratic system.

III.That the Regulations to the Law for the Protection of Citizens from the Excess of Requirements and Administrative Procedures, Executive Decree N°37045-MP-MEIC, establishes in its Articles 3 and 4 respectively, that "All procedures, actions, or steps that the Administration imposes on individuals shall be developed in accordance with the following principles: Principle of Clear and Objective Rules, of institutional and inter-institutional cooperation, of presumption of good faith, of transparency, of procedural economy, of legality, of publicity, of celerity, of efficiency, and of effectiveness of administrative activity" and that "Administrative procedures must be structured in such a way that they are clear, simple, agile, rational, and easily understood by individuals, in order to improve their relations with the Public Administration, making its activity effective and efficient."

IV.That Law N° 9097 (Law regulating the right of petition) establishes the right of every citizen, individually or collectively, to the right of petition under the terms and with the effects established in said law, and without any prejudice or sanction for the petitioner arising from its exercise.

V.That the regulation of public services constitutes the raison d'être of Aresep, due to the importance that certain activities have for the country's development, and the existence of a set of market failures that justify the participation of a regulatory entity that contributes to the maximization of social welfare.

VI.That one of the most important market failures is information asymmetry (Stiglitz, 2010)1, which affects adequate decision-making.

VII. That regulatory theory has established

That asymmetric information substantially affects the management of the regulatory entity, limiting its capacity for action, and can even be assessed as a mechanism for regulatory capture, as shown below:

"This explains why information asymmetry "biases . the economic benefits . towards the concessionary companies to the detriment of the users' benefit. The consumer surplus, whose conservation and increase is one of the main objectives of regulation, is .absorbed by the regulated company. The risk that the . [regulator] runs if information asymmetry . increases is that it may involuntarily succumb to the appropriation of the regulatory framework by the company" (Falótico and others, 2001). Thus, information asymmetry becomes one of the principal means of capturing State entities." (Jouravlev, 2003, p. 12)2 Based on the foregoing, regulatory entities must generate forceful actions that foster the proper collection and analysis of information; otherwise, as Jean Tirole indicates, regulation could be ineffective (Tirole, 2014, p. 513)3.

It is for this reason that information has become an indispensable requirement for modern and efficient regulation, and has formed an essential part of the fundamentals of the economic theory associated with regulation (Jouravlev, 2003, p. 9)4.

In this regard, Joseph Stiglitz has been clear in indicating that if mechanisms that foster access to information are not included, the regulatory entity may stray from its fundamental objective of maximizing social welfare, as shown below:

The design of regulatory structures and systems must take into account: information asymmetries, because the regulator usually has information disadvantages with respect to those it regulates; moral hazard, because there are often problems ensuring that the regulator's behavior is consistent with social welfare (Stiglitz, 2010, p. 16)5 To complement the above, Chisari & Ferro (2011) indicate that the development of periodic requests for information can bring various benefits, among which can be mentioned:

VIII.That Article 3.a of Law N°7593 (Law of the Regulatory Authority for Public Services (Aresep)) provides that a public service ".due to its importance for the sustainable development of the country, be classified as such by the Legislative Assembly, in order to subject it to the regulations of this law."

IX.That in accordance with Article 14 (subsections a, c, j, and k) of Law 7593, Law of the Regulatory Authority for Public Services, operators of public services must comply with obligations related to service provision and the supply of information.

X.That Article 24 of Law N°7593 grants the regulatory body the power to request from the regulated entities reports, data, copies of files, and any other electronic or written means where financial, accounting, economic, statistical, and technical information related to the provision of the public service they provide is stored.

XI.That Article 4 of the General Law of Public Administration determines that the activity of public entities must be subject as a whole to the fundamental principles of public service, to ensure its continuity, sufficiency, its adaptation to any change in the legal regime or in the social need it satisfies, and equality in the treatment of recipients, users, or beneficiaries.

XII.That in accordance with Law 7593, Law of the Regulatory Authority for Public Services, and the Internal Regulations for the Organization and Functions of the Regulatory Authority for Public Services and its Deconcentrated Body (RIOF), the Regulator General has the competence to issue this resolution.

XIII.That the Regulatory Policy of the Regulatory Authority for Public Services establishes within its principles participation, understood as the conditions that ensure that individuals and organizations from diverse sectors of society related to regulatory activity can submit their proposals, concerns, and recommendations to be taken into account; and transparency, understood as the measures applied transversally to all regulatory activity of the Regulatory Authority for Public Services so that regulatory processes are open to citizen participation.

XIV.That the Regulator General issued official communication 179-RG-2017, which regarding the matter indicates the following:

"(.) in the interest of having that information available, the Regulatory Information System (SIR) was developed, an instrument that will not only expedite the sending of information from operators to Aresep through the use of a technological platform, but will also provide greater security, confidence, and accessibility to internal and external users by digitally backing up all the information collected from the regulated sectors. The SIR will allow Aresep to establish and maintain databases on regulated public services, in order to streamline communication with providers, provide timely follow-up, and maintain updated, reliable, and technically organized and systematized information (.)"

XV.That the Regulatory Intendencies, through resolutions RIA-02-2017, RIT-032-2017, and RIE-0050-2017, referred to the different stages of implementation of the Regulatory Information System (SIR) and notified the providers of regulated public services of the start of the implementation of the first of these stages, called the "General Module," which consists of the validation and entry of general reference information regarding the operators of regulated public services, such as: name, legal name, representative, contact, telephone number, electronic address, place for notifications.

XVI.That ARESEP must have quality information and make it available to users. On this topic, the IX Survey on access, use, and satisfaction of public services regulated by ARESEP highlights as opportunities for improvement the items involving user interaction with the provider company. Having mechanisms for customer service, information, and responses to inquiries are aspects that receive low ratings from users. Just to cite one example, the attribute "available means to communicate with the provider" in the public transportation service was rated less than 6 by 35% of respondents, on a scale of 1 to 10, with lack of information standing out among the reasons. This situation demonstrates a real need of users and a challenge for the Regulatory Entity.

Thus, it is observed that adequate mechanisms must be generated so that users can interact with operators and raise their needs, so that the operator can provide the respective response and/or attention.

XVII.That in order to provide greater clarity regarding the concept of dissatisfaction, the following definition is provided: Dissatisfaction: a need raised by the user before the provider, through the mobile application Aresep Contigo, for the improvement of an element associated with public service provision, so that the provider delivers the respective response and/or attention.

In this way, an interaction is achieved between users and providers that allows for better operation of the regulated service and communication among the different parties involved.

ARESEP will establish in said mobile application the appropriate conditions for the interaction and will mediate through the analysis of data and exchange of messages, calls, or joint sessions to follow up on the proceedings so that the respective attention is provided and thereby solutions between parties are fostered. In the event that the user remains in disagreement, they may transfer it to ARESEP and transform that proceeding into a complaint or report.

From the above definition, it can be inferred that a dissatisfaction is not the same as a complaint or a report, since the interaction that develops in the analysis of dissatisfactions is a prior process of seeking solutions and does not imply a formal complaint or report process before ARESEP. However, in the event that a dissatisfaction is filed but not addressed, or the user is still dissatisfied with the attention provided by the operator, the user is given the possibility to, in a simple way, transform that dissatisfaction into a formal complaint or report, as the case may be, through its transfer to the Single Window of the Regulatory Authority.

In summary, the concepts should not be confused, as dissatisfactions are intended to operate as a more agile, timely, and simple mechanism to find solutions to users' needs directly with service providers, which would be managed through the Mobile Application in the dissatisfactions section. On the other hand, to transform the dissatisfaction into a complaint or report, the established process must be followed to proceed with the formal filing before ARESEP. Likewise, it differs from the concept of non-conformity used in technical regulations.

XVIII.That due to the definitions set forth, it is important to indicate that dissatisfaction proceedings do not represent an admissibility requirement for tariff petitions, nor do they substitute the corresponding complaint and report reports, since, as previously stated, they are different concepts and therefore cannot substitute said reports. Furthermore, they do not imply reprocessing, as dissatisfactions are a process prior to filing a formal complaint or report, and what they seek is an early solution, through a more agile mechanism, that precisely attempts to resolve users' needs before they properly become a complaint or report. In view of the foregoing, these dissatisfactions should not be taken into account in the preparation of complaint and report reports, as they are a different matter and are already registered with Aresep.

XIX.That the Directorate of Information Technologies, in accordance with the Strategic Information Technology Plan 2017-2022 (PETI) and the Information Technology Plan 2017-2022, executed a Mobile Applications Strategy, with the objective of developing tools for the civilian population and operators of public services, in line with the strategic vision of the Office of the Regulator General, unifying the existing applications TransporteCR and EstacionesCR into a single mobile solution and providing new functionalities for users. The new functionalities are related to the Registration and Follow-up of Dissatisfactions through the use of web and mobile technology; this is a development that is incorporated into the integration of computer systems, in complement to the Single Window, and provides a complete solution for the management of dissatisfactions. The solution is composed of two mobile applications (ARESEP Contigo and ARESEP Operador) and one web application (Disatisfactions).

XX.That the first implementation stage contains functionalities and information on rates and quality for hydrocarbon services, potable water, and remunerated passenger transport, in the bus, railway, and taxi modalities. In subsequent stages, additional regulated services will be incorporated, so that those operators must comply with the provisions of this resolution, and relevant public service information will be included, such as electric mobility charging points available within the national territory, as well as data that contribute to the optimal use of public services.

XXI.That the ARESEP Contigo mobile application aims to allow citizens to consult information on regulated public services. Through this application, in the first stage, rates for water, bus, and railway services are consulted, among others, in addition to disclosing the cost of a taxi trip beforehand or in real time and locating fuel stations. It will also be able to register complaints regarding an unsatisfactory experience when using a public service, so that the operator addresses the situation, under the tool's follow-up and within the deadline established by ARESEP; users can attach images, videos, and files that verify the situation.

XXII.That the ARESEP Operador mobile application and the Inconformidades web application are available for public service operators to consult information on complaints filed by users, under ARESEP's follow-up. Through these tools, the operator must respond to complaints within a period of 10 business days, in accordance with the provisions of Article 6 of Ley 9097, Ley de Regulación del Derecho de Petición, starting from its entry in the ARESEP Contigo application, and seek a solution to any situation that causes inconvenience to the user. It allows constant communication between the operator and the user of the regulated service and provides evidentiary elements such as images, videos, and files in portable document format (PDF).

XXIII.That the integration of these mobile applications with the Ventanilla Única of ARESEP allows that, once the deadlines for resolving complaints by the operators have expired, these can be analyzed by ARESEP and formally processed before the institution in an automated manner, as appropriate.

XXIV.That the interaction diagram of the actors and the applications that make up the platform is presented in the following image:

XXV.That the information on the legal representative and the notification means from the "Módulo General" of the Sistema de Información Regulatoria (SIR) are necessary to manage complaints in the ARESEP Operador mobile application and the Inconformidades web application, this being the official centralized repository of operator information.

XXVI.That in order to provide proper induction in the use of the ARESEP Operador application and the Inconformidades web application, a tutorial on the use of the tools will be made available on the ARESEP website. Additionally, and for those cases where inquiries arise from public service operators, online sessions will be held, which will be coordinated by the Intendencias de Agua, Energía y Transporte.

XXVII.That public service operators must make adjustments to their service operations to use these functionalities, for which a period of 30 calendar days is granted to participate in the induction and training for the tools, counted from the publication of the respective resolution for the services currently in production (Bus, Taxi, Railway, and Service Stations). Meanwhile, for services included in the future, this period will run from the moment operators are notified that said service will be available productively on the corresponding digital platforms; to carry out said notification, the means indicated in the Sistema de Información Regulatoria will be used.

XXVIII.That the ARESEP Contigo and ARESEP Operador mobile applications will be available to users and operators according to the release made by the Apple Store and Play Store. Meanwhile, the Inconformidades web application will be accessed from the ARESEP website.

XXIX.That in accordance with the foregoing and with the merit of the case file, the appropriate course is to establish the Implementation of the ARESEP Contigo mobile application, ARESEP Operador, and the Inconformidades web application in Regulated Public Services.

XXX.That through resolution RE-0051-JD-2024 of June 21, 2024, the appeal filed by the Cámara Nacional de Transportes de Costa Rica was addressed. In that administrative act, it was partially granted, by indicating that its issuance requires the prior space for exercising the corresponding citizen participation right.

To obtain a more detailed view of the specific analysis, one can review folios 55 through 137 of the administrative file in question (OT-299-2022). In summary, it was indicated that a citizen participation process is required; however, due to the respective subject matter, a public hearing process does not apply; rather, a public consultation process is appropriate, so that users and providers can express their positions.

It is for this reason that the present proposal is developed, so that it may be subject to the corresponding citizen participation process and thus comply with the obligations and rights associated with said consultation process.

XXXI.That in the aforementioned resolution RE-0051-JD-2024, it was concluded from the analysis supporting said act that the remaining arguments were declared without merit, thus making it clear that the only element requiring any modification based on the filed appeal was the citizen participation process. For this reason, the other elements maintain their initially established essence, in order to provide the user with a tool that allows them to access relevant information on public services and file complaints in cases where it is considered that there is an inconvenience in the provision of the service requiring the provider's attention.

XXXII.That based on the experience obtained in the use of the mobile applications, it has been observed that nationally, several users have downloaded the mobile application and made use of it. Furthermore, complaints have been filed, and operators have managed to respond to several of them, facilitating the interaction process between both parties, thereby attending to the needs of various users in the country and achieving the objectives expected at the time of launching this initiative.

III. PUBLIC CONSULTATION

The Public Consultation was carried out in accordance with the provisions of resolution RE-0051-JD-2024 of June 21, 2024.

According to reports IN-0528-DGAU-2024 and IN-0534-DGAU-2024 on oppositions and concurrences from the Dirección General de Atención al Usuario, it is reported that, in accordance with the provisions of the public consultation publication and upon expiration of the established deadline, the following positions were received:

"In this regard, the current proposal, processed under file OT-299-2022, is of great interest, management, and usability for both users and providers of regulated public services. It is essential to collect the opinions and statements derived from the proposal, as they not only allow for improving the functionalities of the applications but also ensure compliance with the right to citizen participation." (Folio 801).

In this regard, it is indicated that, effectively, considering what was ordered by the Junta Directiva in resolution RE-0051-JD-2024 of June 21, 2024, through official letter OF-0001-DGAU-FTPMRSA-2024 of August 12, 2024, the call for a public consultation of the proposal for the implementation of the Aresep Contigo mobile application, Aresep Operador, and the Inconformidades web application in regulated services was requested, which was approved by the Regulador General through official letter OF-1003-RG-2024 of August 9, 2024.

It is important to note that the established procedures regarding the mentioned public consultation have been followed, all with the objective of guaranteeing compliance with the right to citizen participation.

"An informed user is an empowered user, capable of defending their rights in public services. Among the functionalities of the Aresep Contigo mobile application, for example, the consultation of rates for national bus routes is included. This possibility allows users to know, in an agile and real-time manner, the rate they must pay for using the bus service. That is, it allows them to ensure they are paying the authorized rate, thus minimizing irregularities in charges. In addition, the application allows estimating the cost of a taxi service, which can incentivize demand for 'red' taxi services due to the possibility of negotiating and agreeing on a reduction in the final amount to be paid between the user and the service provider (as contemplated in resolution RE-0207-JD-2021)." (Folio 801).

In this regard, it is indicated that, indeed, the Aresep Contigo application aims for greater transparency towards users, providing them with easily accessible tools with updated information on rates and quality studies of regulated public services.

"Article 113.

1. The public servant must perform their duties in a way that primarily satisfies the public interest, which shall be considered as the expression of the coinciding individual interests of the administered parties.

2. The public interest shall prevail over the interest of the Public Administration when they may be in conflict.

3. In the appreciation of the public interest, the values of legal certainty and justice for the community and the individual shall be taken into account first, to which mere convenience may in no case be preferred." (Folio 801).

Based on the foregoing, the concurrence presented is appreciated, and it is understood that it makes sense to mention that the Aresep Contigo mobile application "strengthens regulation." 1.3. Greater reach and impact of regulatory work on the population The User Counselor mentions:

"However, it is essential that the Regulatory Entity develop innovative communication and advisory strategies so that more people know and use these tools, thus ensuring that the benefits of regulatory work reach the entire population, with special attention to the most vulnerable groups, such as the elderly population, persons with disabilities, and inhabitants of rural areas." (Folio 801).

Response:

Under the scheme inferred in the implementation of the mobile applications, the use of mobile devices indeed allows people's interactions to have greater reach, under a scheme of universal access to communication with providers. They manage to place the application within the reach of all people who have a smartphone, taking into account that, according to sector statistics, there is a 141% subscription rate in mobile telephone services per 100 inhabitants and 99% mobile internet access per 100 inhabitants, according to statistics published by SUTEL for the year 2023.

For this reason, the concurrence on the substance of what is proposed by the resolution is considered accurate.

1.4. Bridge between users and service providers On this matter, the position states:

"It is well known that, on many occasions, users lack accessible mechanisms to present their complaints to service providers, especially when these do not make clear means of contact available to the public, such as email, telephone numbers, or customer service windows. This creates significant barriers for users to defend their rights when they consider that a service has not been provided adequately." (Folio 801).

Response:

Continuing with the reasoning of the concurrence, the User Counselor is correct, because the mobile application eliminates access barriers for the filing of users' perceptions before the provider, thus managing to place that perception of the regulated service in a system that allows not only the attention of complaints but also the continuous improvement of public services and the analysis by providers to maintain quality standards in the provision.

For the foregoing, the expressed position is appreciated.

1.5. Possibility of knowing user needs for regulatory decision-making.

The User Counselor raises:

"The collection of data through Aresep's applications represents a strategic tool for understanding user needs and expectations. This information, obtained directly from citizens' interactions, allows the Regulatory Entity to identify trends, recurring problems, and specific areas requiring improvements in regulated public services, as well as to exercise its oversight function before providers.

The analysis of this data not only facilitates the early detection of failures or deficiencies in service provision but also provides a clearer view of emerging needs, allowing Aresep to anticipate future regulatory challenges and develop actions for their early attention." (Folio 801).

Response:

In response to this argument, we concur with what is indicated by the User Counselor, given that the proposed tools allow for obtaining valuable data on the supply of public services, and they are collected in a structured manner, which facilitates their analysis and constitutes an input for decision-making, while allowing knowledge of the current situation in an efficient, agile, and dynamic way.

For the foregoing, the expressed position is appreciated.

1.6. Develop strategies to expand the use of the Aresep Contigo, Aresep Operador applications, and the Inconformidades web application.

The User Counselor raises the following in their petition:

"Develop strategies to expand the use of the Aresep Contigo, Aresep Operador applications, and the Inconformidades web application in Regulated Public Services at the national level, taking into account the particularities of vulnerable groups such as the elderly, persons with disabilities, and inhabitants of rural areas." (Folio 801) Response:

In this regard, it is indicated that initiatives are currently being evaluated at the level of the Comisión de Mejora Regulatoria, to promote the use of mobile applications and seek the participation of various user sectors. Based on this, what was raised in the present position will be taken into consideration to enrich the proposals and consider, in these initiatives, the particularities of the various types of users.

For the foregoing, the expressed position is appreciated.

2. Cámara Nacional de Transportes (CANATRANS) 2.1. Short deadline of this public consultation The Cámara Nacional de Transportes (CANATRANS) raises the following:

"This organization is concerned about the short deadline of this public consultation, given that the call was published in the Diario Oficial La Gaceta on Friday, August 16, expiring on August 21, 2024, which in practice equals 3 business days. Such a situation implies a serious limitation in gathering contributions from associates and advisors, in the case of this chamber, in order to make a well-founded and responsible intervention. Therefore, we ask Aresep to assess this situation and conduct a new call with a reasonable deadline, in order to prevent eventual nullities for violation of due process or for emptying the principle of citizen participation of its content." (Folio 802).

Response:

In this regard, it is important to note that in resolution RE-0051-JD-2024 of June 21, 2024 (viewable from folio 55 to 137 of file OT-299-2022), through which the appeal filed by the Asociación Cámara Nacional de Transportes de Costa Rica (CANATRANS) against resolution RE-0264-RGA-2022 of July 29, 2022, issued by the then Reguladora General Adjunta, a broad analysis was conducted on the right of citizen participation in general and in the specific field of public service regulation, as well as the citizen participation mechanisms used by Aresep, namely the public hearing and the public consultation.

For the case at hand, namely the proposal for the implementation of the Aresep Contigo mobile application, Aresep Operador, and the Inconformidades web application in regulated public services, the Junta Directiva in the aforementioned resolution ordered—among other things—the following:

"(...)

I.To partially grant, solely with respect to argument 1, the appeal filed by the Asociación Cámara Nacional de Transporte de Costa Rica (Canatrans) against resolution RE-0264-RGA-2022 of July 29, 2022, in that said administrative act requires for its issuance the prior space for exercising the corresponding citizen participation right. It is not correct regarding the application for the particular case of the hearing typified in Article 361 of the Ley General de la Administración Pública.

II.To declare the absolute nullity of resolution RE-0264-RGA-2022 of July 29, 2022, which implemented the 'Aresep Contigo mobile application, Aresep Operador, and the Inconformidades web application in regulated public services,' insofar as the right to citizen participation, defense, and due process was violated by omitting to conduct a public consultation.

III.To return the procedure to the opportune procedural stage, so that the Administration submits the proposal for the implementation of the Aresep Contigo, Aresep Operador mobile applications, and the Inconformidades web application to the indicated citizen participation procedure." (Own emphasis).

As observed, the Junta Directiva ordered that, for the case at hand, the citizen participation mechanism to follow would be the public consultation, a mechanism whose process is more expeditious than that of a public hearing (established in Article 36 of Ley N. 7593), as the deadline for the public consultation consists of a reasonable period within which it seeks to promote citizen participation according to the possibilities of the ongoing procedure.

On this matter, one can consult Constitutional Chamber rulings No. 2007-006184, from 6:28 p.m. on May 8, 2007, and No. 2014-003308, from 11:30 a.m. on March 7, 2014, in which the Constitutional Chamber has endorsed the three-business-day period for conducting public consultation for complex cases such as extraordinary tariff adjustments for prices of fuels derived from hydrocarbons.

For all the foregoing, according to the analysis extensively developed in RE-0051-JD-2024 (previously cited), what is appropriate is to conduct a public consultation, and to define the three-day period, the other public consultation procedures carried out by ARESEP were used as a reference, such as extraordinary fuel studies, as well as the period granted by the institution's Junta Directiva in the scoping of said resolution, which could not be fulfilled if an expeditious process like the present one is not developed.

Thus, it is considered that the period granted for the public consultation at hand is reasonable and guarantees the right of citizen participation, a period that has been endorsed even by the Constitutional Chamber for extraordinary price-setting procedures, as mentioned.

Based on the foregoing, CANATRANS's petition to conduct a new public consultation call with a longer period is rejected.

2.2. Conversion of the complaint into a formal grievance or report The Cámara Nacional de Transportes (CANATRANS) raises the following:

"It seems implicit in the wording that the transformation of a 'complaint' (inconformidad) into a formal grievance or report must meet the requirements specific to the latter. However, it is not expressly mentioned in the operative part of the proposal, so it may be convenient to include it expressly in the case of automatic transfer from the mobile application, for legal certainty." (Folio 802) Response:

Regarding the argument raised in the position, it is indicated that, indeed, the transformation of a 'complaint' into a formal grievance or report must meet the requirements specific to the latter. Therefore, at the time of transfer to the Ventanilla Única of Aresep, the process that guarantees compliance with the requirements specific to formal grievances or reports must be carried out.

Additionally, CANATRANS requests the express incorporation of this element in the operative part, in order to provide greater legal certainty.

Upon evaluating this request, it is considered valid and reasonable. For this reason, it is incorporated into the recommendations and, consequently, into the corresponding operative part, a wording that addresses the express request.

In this way, what was requested in the position is considered addressed.

2.3. Extension of deadline The Cámara Nacional de Transportes (CANATRANS) raises the following:

"There should be the possibility that the response period for the complaint could be extended at least up to half of the original period (Article 258 of the Ley General de Administración Pública), in exceptional and justified cases that involve some complexity, or matters that cannot be resolved solely by the provider's action and depend on third parties. If what is sought is to facilitate understanding between users and the provider, this measure would go in that same direction." (Folio 802) Response:

On this topic, it is important to bring up what was developed in resolution RE-0051-JD-2024 issued on June 21, 2024, by the Junta Directiva of the Autoridad Reguladora de los Servicios Públicos, in which it was indicated:

"Aresep has the competence (power-duty) of oversight, which includes ensuring compliance with quality standards, quantity, and, in general, the optimal provision of public services, among which is the remunerated passenger transport service in its various modalities.

It may also issue technical standards that allow it to regulate the provision of public services and may even conduct technical inspections on providers, with the objective of verifying that the issued standards are met and that a quality service is provided.

Indeed, such is the protective jurisdiction that the Legal System grants to public interest services, that it granted Aresep the power to impose fines for non-compliance with quality standards and principles, and in certain cases, due to the legal protection held by the provision of public interest services as those named in Article 5 of Ley 7593, which even allow it to revoke the concession or permit from providers.

From all the foregoing, it can be deduced that Article 2 of the Ley de Regulación del Derecho de Petición does apply to public service providers, as it carries out an activity of public interest, such as remunerated passenger transport in its different modalities.

Therefore, the appellant is not correct regarding this argument." Based on this citation, it is possible to deduce that ARESEP has the competence (power-duty) of oversight, which includes ensuring compliance with quality standards, quantity, and, in general, the optimal provision of public services, and therefore it can establish the deadline and process for analyzing the complaint. Additionally, it can be deduced that Article 2 of the Ley de Regulación del Derecho de Petición does apply to public service providers, so the deadline corresponds to existing jurisprudence.

Now, according to the procedure indicated in report IN-0002-DGAUFTPMRSA-2024, specifically in points XXI, XXII, XXIII, XXIV, and XXV of section II. JUSTIFICACIÓN DE LA PROPUESTA (see detail in folios 759 to 761), after 10 days have elapsed, this complaint is transferred to Aresep.

In this way, the position expressed by the operator is understood, that there are particular cases whose attention is more complex. For this reason, the possibility was foreseen that these complaints be transferred to Aresep, and this institution, through a more specific analysis, may return these types of cases to the operator.

In conclusion, the 10-day period constitutes a functional standard in the application that is consistent with existing legality, and in cases where, due to their complexity, a greater number of days are required, once the case is transferred to the institution, these may be returned by ARESEP to the operator (this transfer can be developed through the same platform), prior analysis of the corresponding conditions, so that attention continues and the adequate operation of the public service is guaranteed, through proper coordination between the company and the regulator.

Based on the foregoing, it is considered that it is not necessary to modify the proposal in question, as the existing mechanisms address the operator's request.

2.4. Grievance report The representation of CANATRANS textually indicates the following:

"B3.- Grievance report. In the mentioned Official Letter IN-0002-DGAU-FTPMRSA-2024, it is clear that the Grievance Report that providers must submit periodically is a different matter from the one at hand. However, for legal certainty, and dealing with the approach of the new concept of 'complaint' (inconformidad), it could be expressly stated that these complaints should not be taken into account in the preparation of said report, being a different matter and already being registered before Aresep." Response:

In this case, from a technical point of view, what the promoting party raises actually has a nature more akin to a suggestion or recommendation than an opposition per se.

That said, it is considered appropriate to accept the suggested approach so that it is indicated and expressly clear that service providers shall only record in the grievance report those complaints that have been duly transformed into a formal grievance or report, if applicable and according to the procedures established for that purpose.

2.5. Digital signature CANATRANS textually indicates the following:

"The last concern is related to the registration of providers in the system, in the sense that it can also be done directly with a digital signature, just as one accesses the SIR itself." And makes the following petition:

"Petition: We respectfully request that our observations be taken into account and accepted, modifying the proposal submitted for public consultation as pertinent." Response:

The mobile applications platform is comprised of Aresep Contigo, Aresep Operador (this has a WEB version available with the same functionalities as the mobile application). Below is the functionality of each:

1. Aresep Contigo: it is the mobile application for citizens to consult regulated public service information. Through this App, bus, railway, water fares, among others, are consulted, in addition to knowing the cost of a taxi trip in advance or in real time and locating fuel stations. You will also be able to register complaints (inconformidades) in the event of a bad experience when receiving a public service, so that the service operator addresses the situation, under the monitoring and within timeframes previously established in the tool by ARESEP; users can attach images, videos, and files that verify the situation.

2. Aresep Operador: available for public service operators, for consultation of complaint information submitted by users, under the monitoring of ARESEP. Through these tools, the operator can respond to inquiries and seek a solution to any situation that causes discomfort to the user. It allows constant communication between the operator and the user of the regulated service, and they have evidentiary elements such as images, videos, and files in PDF version.

An interaction diagram of the actors and the applications that make up the platform is presented below.

The mobile applications and the web system are currently in a stable version and operating, and their access is done through user and password authentication, therefore, this request represents an improvement to them, which will be considered so that in upcoming versions the digital signature is incorporated into the process of authentication or entry to the system.

In this way, the requests made by CANATRANS are addressed.

3. Compañía Nacional de Fuerza y Luz (CNFL) 3.1. Concept of a Complaint and differences with other types of filings CNFL states verbatim the following:

"The report IN-0002-DGAU-FTPMRSA-2024 mentions, in points II and III, the simplification of procedures and requirements, according to the Law for the Protection of the Citizen from the Excess of Requirements and Administrative Procedures Law No. 8220, the principle of clear and objective rules of institutional cooperation, in light of this, in relation to the standard 'Supervision of the commercialization of the electricity supply in low and medium voltage,' AR-NT-SUCOM, it includes the definition of grievance (queja) as: 'Filing presented by a subscriber or user, to have a problem solved or to be compensated for damages caused by the quality of the electricity supply.' (the underlining is not from the original).

Chapter VIII Disconformidades, of this SUCOM standard, regulates matters related to grievances, however, in several of the articles it mixes terms between claim (reclamo), grievance, and disconformity (disconformidad) (.).

(.) we request that the difference be clarified in the document, so that both the subscriber and the distribution company have legal certainty to determine what a 'complaint' is, since different regulations allude to the same meaning with different terms: inconformidad, disconformidad, reclamo, or queja, considering that all of these can be managed through electronic means (email, social networks, websites, text messages, and instant messaging applications). In that sense, Law 7593 in its article 27 also alludes to the same concept but with the term queja.

On the other hand, in the proposal, within the same definition of complaint, an indeterminate concept linked to an 'element associated with the provision of the public service' is added, which is also not clear in alluding to what said term refers to, therefore, it entails greater legal uncertainty by being indeterminate and even subjective.

In addition to the above, it is requested to define the mechanism by which ARESEP would filter the management of cases by users, in the understanding that the complaint, the claim, and the grievance have different treatments and this is not clear to the user, as they are technical terms, leaving aside the treatment of the claim and the grievance." And it makes the following request:

"Request: ARESEP is requested, before including in the mobile application 'Aresep Contigo, Aresep Operador, Inconformidades website,' to define, delimit, and regulate each of the terms (inconformidad, disconformidad, reclamo, or queja) in the internal and external procedures, as well as in the technical standard AR-NT-SUCOM, and to define the distinction with respect to the characteristics that determine the complaint as well as the treatment that must be given to each of the user's approaches through this mobile application. In addition to the above, indicate what the difference is between these (SIC) terms to be treated according to the other channels provided by public service operators for users." Response:

CNFL is informed that, according to the "Proposal for the Implementation of the Aresep Contigo and Aresep Operador Mobile Applications and the Inconformidades Web Application in Public Services Regulated by the Public Services Regulatory Authority" submitted to public consultation, in its section II. JUSTIFICATION OF THE PROPOSAL, points XXI and XXII detail the following:

XXI. "That the ARESEP Contigo mobile application aims for citizens to consult information on regulated public services. Through this application, in the first stage, water, bus, and railway fares are consulted, among others, in addition to making known in advance or in real time the cost of a taxi trip and locating fuel stations. You will also be able to register complaints in the event of an unsatisfactory experience when using a public service, so that the operator addresses the situation, under the monitoring of the tool and within the timeframe established by ARESEP; users can attach images, videos, and files that verify the situation.

XXII.That the ARESEP Operador mobile application and the Inconformidades web application are available for public service operators, for consultation of information on complaints submitted by users, under the monitoring of ARESEP (.)."

(the underlining is our own).

In a complementary manner, in its section IV. Recommendations, the concept of complaint is provided as shown below:

2)"Define for purposes of the use of the mobile application the concept of complaint in the following way: Complaint: need raised by the user before the provider, through the Aresep Contigo mobile application, for the improvement of an element associated with the provision of the public service, in order for the provider to supply the respective response and/or attention.

(.)." Furthermore, the following adjustment is incorporated into the post-public consultation proposal:

"(.) The transformation of a 'complaint' into a grievance or report (denuncia) must meet the specific requirements of these latter types, therefore, at the time of transfer to the ARESEP Single Window, the process that guarantees compliance with the specific requirements of grievances or reports must be carried out." (the underlining is our own).

Having said the above, it is clear that the Aresep Contigo and Aresep Operador applications and the Inconformidades web application are exclusive for addressing complaints, therefore, this concept is already provided to delimit the scope of these applications. Regarding grievances or reports, these must be processed through the Single Window. The specific requirements for grievances or reports can be viewed on ARESEP's website; the access link is attached: https://aresep.go.cr/gestionusuarios/quejas-denuncias/.

In relation to the request, the definition, delimitation, and regulation of the terms inconformidad, disconformidad, reclamo, or queja in internal and external procedures, as well as in the technical standard AR-NTSUCOM, is not within the scope of the "Proposal for the Implementation of the Aresep Contigo and Aresep Operador Mobile Applications and the Inconformidades Web Application in Public Services Regulated by the Public Services Regulatory Authority." However, CNFL is informed that it may direct these observations to the competent areas.

In this way, the specific concept associated with this proposal is that of complaint, which is clearly defined and delimited; moreover, it is indicated in a clear manner that said concept is different from that of grievances or reports, and also differs from the concept of disconformidad, which, as indicated by the petitioner, is established in chapter VIII Disconformidades of the SUCOM standard and regulates matters related to grievances; for greater clarity, we proceed to indicate verbatim in the proposal: "Likewise, it differs from the concept of disconformidad used in technical regulations." Based on the foregoing, the request is denied.

3.2. Treatment of the complaint and instructions CNFL states verbatim the following:

"(.)

The public consultation omits including the procedure or instruction guide for the implementation of the ARESEP Operador application and the Inconformidades website, as well as lacking the way to determine how the Operator will be notified of the existence of the complaint to provide the corresponding treatment within the period of 10 business days.

Therefore, to establish an objective criterion for offering a position before this public consultation, it becomes complex for the distribution company due to the lack of these procedures or instruction guides." And it makes the following request:

"Request: ARESEP is requested to issue the procedures or instruction guides, prior to issuing this public consultation on the 'Proposal for the implementation of the mobile application ARESEP contigo, ARESEP operador and the inconformidades web application in regulated public services' Likewise, it is requested to define and delimit the objective of this application for the treatment of complaints, with respect to the means already available by CNFL for users for this same purpose." Response:

In response to the arguments made by CNFL, it is indicated that this proposal sets forth a very simple and concrete procedure; specifically, there will be a mobile application called Aresep Contigo, where the user may file complaints, and through the Aresep Operador mobile application or the Inconformidades web application, the regulated entity may respond; it will be notified in these technological tools and also through the means designated for that purpose in the "General Module" of the Regulatory Information System (SIR), which also has the user service tab, and consequently the company will be duly notified to the means that it itself established, which has already been ruled on in resolution RE-0362-RG-2023 and in the 2023 Regulatory Improvement Plan of ARESEP.

In the event that a complaint is not satisfactorily addressed, it will be transferred to ARESEP, where it may be transformed into a grievance or report, following the corresponding filing process.

In this way, neither the user nor the regulated company must make any monetary investment, as ARESEP provides them with the technological tools to file complaints (by the user) and to respond (by the operator).

This process was mentioned in report IN-0002-DGAU-FTPMRSA-2024, specifically in points XXI, XXII, XXIII, XXIV, and XXV of section II. JUSTIFICATION OF THE PROPOSAL (see detail on folios 759 to 761), and for the sake of synthesis, they will not be transcribed again, but when reviewing said document, it can be observed that it is consistent with the summary of the process set forth above.

In this way, the proposal incorporates the respective process in the corresponding general terms; in this regard, it is clarified that, similarly to the resolution that implemented the SIR (in the specific case of energy, RIE-050-2017), the procedures and instruction guides are not detailed in this type of resolutions, but rather in these administrative acts, what must be incorporated are the directives that underpin the operational process; the details of each of the tools must be provided in the specific processes associated with each technological development.

That being said, CNFL's concern about having as much detail as possible to understand the operational functioning of the proposal is understood; for this reason, in points XXVI, XXVII, and XVIII of section II. JUSTIFICATION OF THE PROPOSAL (see detail on folio 761), it was indicated that a tutorial would be made available, which may be available on ARESEP's website, specifically at the address https://aresep.go.cr/sir/tramitesoperadores/ and has been available even prior to the public consultation; additionally, there is specific technical documentation for each application, and in the application stores, one can access the detail of the tools; moreover, respective training will be developed according to the functionalities in production; as proof of this, one can observe official communication OF-0002-DGAU-FTPMRSA-2024, visible on folios 769 to 770 of file OT-299-2022.

Based on all the above, the operator can be certain that, similarly to the process developed in the SIR, due support will be provided in a timely manner, and ARESEP will always be in the greatest disposition to collaborate in the implementation process of each functionality.

In conclusion, the expressed position is appreciated and it is indicated that, due to the nature of these technological developments, this administrative act does not include operational procedures, but rather dictates the general directives, and as the different functionalities in production are determined, the corresponding operational detail will be forwarded, and the respective support processes will be provided.

For the reasons stated above, the request is denied, given that the need to make adjustments to this proposal is not observed.

3.3. On the technological aspects of the ARESEP mobile application, ARESEP Operador, and the inconformidades web application.

CNFL states verbatim the following:

"The document omits the technological characteristics that distribution companies must develop to achieve interconnection or interface compatibility and access to the inconformidades website, as well as the cybersecurity conditions that the parties must contemplate to prevent cyberterrorism.

Therefore, to establish an objective criterion for offering a position before this public consultation, it becomes complex for the distribution company due to the lack of this detailed information in the report." And it makes the following request:

"Request: ARESEP is requested to include in a detailed manner the technological characteristics that will be required to be developed on their platforms, additionally to consider in a transitional provision the corresponding period for the adjustment of distribution companies' computer systems, or to incorporate the links and interfaces, as well as the corresponding security measures for the implementation of the applications by the operators." Response:

ARESEP's mobile platform is developed on the internal infrastructure, with access for citizens and operators; for use by operators, the only requirement is to have authorized users in the Regulatory Information System (SIR); therefore, operators do not require investing in developments or integrations with their internal systems. By September 2024, ARESEP will be providing training to operators with services in production, so they can become familiar with and address any questions that arise regarding the use of this platform. Additionally, you can be assured that all the information this platform collects has the security measures defined by the Institution, in accordance with Law 8968 on the Protection of the Person Regarding the Processing of their Personal Data.

For the reasons stated above, the request is denied, given that the need to make adjustments to this proposal is not observed.

3.4. Implementation stages for regulated services and adjustment period CNFL states verbatim the following:

"ARESEP mentions the implementation stages and grants a period of 30 calendar days from the publication of the resolution for operators to make adjustments to use the applications; however, it does not mention when it will develop the stage for the electricity service and the period in which the application will be available.

With respect to the information they expect to provide (SIC) on the electricity service, apart from tariffs and quality of services, it excludes the reference to charging points associated with electric mobility.

(.)" And it makes the following request:

"Request: ARESEP is requested to include the transitional provision with the expected period for the implementation of the electricity service in the applications by the operators.

Additionally, ARESEP is requested to include information related to electric mobility charging points available in the national territory." Response:

CNFL raises a position that specifically seeks to have a transitional provision, contemplating that, in the first stage, water, bus, and railway fares are consulted, among others, in addition to making known in advance or in real time the cost of a taxi trip and locating fuel stations. In this way, for your specific case, functionalities associated with the public services you provide are not yet available. Additionally, you request that information be included on electric mobility points available nationwide.

Upon analyzing both proposals, they are considered valid and reasonable, therefore a transitional provision was incorporated into the proposal, based on what was indicated by CNFL; however, a specific period is not included, as it depends on technical elements associated with its progressive release; in this way, as functionalities are released, the respective notifications and training sessions will be carried out. Therefore, the wording that granted 30 calendar days was modified to remain in relative terms and apply only to operators that have services already incorporated in the mobile applications.

Additionally, the wording of point XX of section II. JUSTIFICATION OF THE PROPOSAL was modified to address the request to include in subsequent stages the information related to electric mobility charging points available in the national territory.

In this way, the requests made by CNFL are addressed.

3.5. Availability of the Operador mobile application and Inconformidades web application.

CNFL states verbatim the following:

"Currently, the applications are not available for the electricity service, as can be verified in the following image:

And it makes the following request:

"Request: ARESEP is requested to exclude energy distribution companies because the regulated electricity service is disabled in the system, until such time as ARESEP provides the corresponding module and the procedure that will regulate these applications for consultation. The foregoing, because it is irregular to file appeals or positions in the face of missing and unavailable information and the implementation of deadlines when the generating event does not exist." Response:

In response to the position presented by CNFL, it is indicated that, indeed, the electric service is not currently in production; however, as was addressed in previous positions, it must be clarified that this administrative act rules on general conditions for providers and proposes a process of interaction with the user, which is based on a very simple process, in which the user raises a complaint and subsequently the operator addresses it through an exchange of communications and documents, as detailed in points XXI, XXII, XXIII, XXIV, and XXV of section II. JUSTIFICATION OF THE PROPOSAL (see detail on folios 759 to 761).

For this reason, although the electric service at this time is not part of the functionalities in production, this does not modify the logic and expected functioning of this interaction between users and providers, that is, the general process proposed as a global framework that will exist in the use of mobile applications will be maintained for any service that is developed, and in these administrative acts, one should not proceed to detail the specific instructions for a computer application, because technology changes in a constant and dynamic way, and a new resolution should not be issued each time there is a change, but rather what is intended through this resolution is to provide the general directives under which the computer developments generated must be governed.

That being said, the concern expressed by CNFL that it is currently unable to use the system is understood; therefore, in line with what was indicated in the previous argument, a transitional provision was incorporated into the proposal; however, a specific period is not included, as it depends on technical elements associated with its progressive release; in this way, as functionalities are released, the respective notifications and training sessions will be carried out. Therefore, the wording that granted 30 calendar days was modified to remain in relative terms and apply only to operators that have services already incorporated in the mobile applications.

In this way, the request is denied, as it is considered that energy distribution companies should not be excluded from these general guidelines, and CNFL is reiterated ARESEP's willingness to provide adequate support as the respective functionalities are released.

3.6. Information from the "General Module" of the Regulatory Information System (SIR).

CNFL states verbatim the following:

"In the following image, one can observe the module for entering data regarding the legal representation of distribution companies and other reference emails:

It should be noted that the legal representation is the legal figure for representing the company in different procedures before ARESEP; however, this representative is not necessarily the contact or person in charge of processing the complaints that arise, which is referenced in the Grievances and Reports Report." And it makes the following request:

"Request: ARESEP is requested to include an exclusive module to designate the contacts or persons in charge who will manage complaints when the application is implemented." Response:

The request is accepted; likewise, it is clarified that it is already met with the current functionality in production, since the option to manage those in charge of addressing complaints exists in SIR. Attached is the following image of the "ATENCIÓN AL USUARIO" tab, which shows the list of contacts; the contact to whom complaints are sent is the one that appears active:

Information on services is currently being progressively incorporated into the "ATENCIÓN AL USUARIO" tab, so there are services for which the information is not yet complete; it is for this reason that the clarification is made that currently complaint notifications are sent to the email address of the active contact and to the email address found in the "EMAIL" field of the "NOTIFICATION DATA" section of the "GENERAL" tab of SIR as shown below.

It is planned for the future that, with complete information for all services in the "ATENCIÓN AL USUARIO" tab, only this information will be used and not that from the "GENERAL" tab; therefore, what was requested by CNFL is already planned for and will be used in upcoming modifications of the tool; thus, it is expected that when distribution companies enter these types of functionalities, the contacts for user service that the company itself provided to SIR can be used for the follow-up of complaints.

Therefore, it is considered unnecessary to make any adjustment, as the functionality already exists and will be used for the follow-up of complaints.

4. Alberto Cabezas Villalobos As is evident from the administrative file, Mr. Alberto Cabezas Villalobos presented a position; however, in accordance with report IN-0534-DGAU-2024 (visible on folio 807) and resolution RE-0126-DGAU-2024 (visible on folios 809-811), it was not admitted, for which reason we will not proceed to analyze the argued elements in said position.

Although this position is not admitted, and consequently no criterion can be issued on it in this administrative act, ARESEP will evaluate the elements mentioned by Mr. Cabezas Villalobos in future changes to be developed in the mobile application, and a meeting was even requested with said user, who in turn indicates being part of the Asociación Agencia para el Desarrollo Accesible Sin Fronteras, as shown in the following image:

Based on the foregoing, we appreciate the interest expressed by the user in the functionalities of the computer applications, and it is indicated that he can be certain that ARESEP will analyze the proposals for future changes and will always maintain an open position to listen to the needs of the users, and address them in joint spaces to seek the continuous improvement of regulated services.

In this way, the position is not admitted in accordance with report IN-0534-DGAU-2024 (visible on folio 807) and resolution RE-0126-DGAU-2024 (visible on folios 809-811).

IV. TRANSITIONAL PROVISION

Due to the fact that not all regulated services are currently available in production in the mobile applications, a transitional period will be provided for services included in the future; in this way, until such time as those services are not in production, they shall not be required to make any operational adjustment.

Once operators are notified that said service will be available in production mode on the corresponding digital platforms (this notification is prior to publication in the application stores), the 30-day period for using said functionalities to address complaints will begin to run. For said notification, the means indicated in the Regulatory Information System will be used.

It is important to clarify that ARESEP will supply the mobile applications, therefore no investment is necessary by the operators for the normal use of these functionalities.

(.)"

II.That by virtue of the provisions in numerals 7, 11, 50, 216, and 226 of the General Law of Public Administration (LGAP), which establish the principles of legality, proportionality, and reasonableness that must govern all administrative action, the implementation of the ARESEP Contigo, ARESEP Operador mobile applications, and the Inconformidades web application is configured as the most efficient measure for managing user complaints, while respecting the rights of regulated public service operators. The adoption of these modern technologies, which promote agile and transparent interaction, is indispensable to effectively address user needs, without imposing disproportionate burdens on service providers, thus ensuring an adequate balance between improving user service and respecting the rights of the regulated subjects.

III.That in accordance with the preceding recitals and consideranda, and based on the merits of the case file, the appropriate course of action is: 1- To consider the positions associated with the public consultation process of this proposal as addressed. 2- To define, for purposes of using the mobile application, the concept of dissatisfaction (inconformidad) as follows: Dissatisfaction (Inconformidad): a need raised by the user before the provider, through the Aresep Contigo mobile application, for the improvement of an element associated with the provision of the public service, so that the provider delivers the respective response and/or attention. In this way, an interaction between users and providers is achieved, allowing for a better operation of the regulated service and communication among the different parties involved. ARESEP shall establish, in said mobile application, the appropriate conditions for interaction and shall mediate through data analysis and the exchange of messages, calls, or joint sessions to follow up on the formalities so that the respective attention is given, thereby fostering solutions between the parties. Should the user remain in disagreement, they may transfer the matter to ARESEP and transform that formality into a complaint (queja) or report (denuncia). The transformation of a "dissatisfaction (inconformidad)" into a complaint (queja) or report (denuncia) must meet the specific requirements of the latter. Therefore, once transferred to the ARESEP Single Window (Ventanilla Única), compliance with said requirements must be guaranteed. Dissatisfactions (inconformidades) that are not transformed into complaints (quejas) or reports (denuncias) shall not be considered in the complaints (quejas) and reports (denuncias) reports, as they are distinct matters, and they will remain already registered before Aresep. 3- To clarify to service providers that they must include in the complaint (quejas) report they are required to submit periodically those dissatisfactions (inconformidades) that have been duly transformed into a formal complaint (queja) or report (denuncia). 4- To instruct all public service operators to keep the information in the general module of the SIR updated, particularly regarding the name of the operator or legal representative, as applicable, and their email address. In the case of remunerated passenger transport services, Taxi mode, they shall only enter the corresponding information in the ARESEP Operador mobile application and the Inconformidades web application. 5- To request public service operators that have functionalities implemented within the mobile application to use the ARESEP Operador tool (for those with mobile devices) or the Inconformidades web application (from a browser with Internet connectivity) to manage the dissatisfactions (inconformidades) submitted by users through the ARESEP Contigo mobile application. Operators must comply with this provision within a maximum period of 30 calendar days from the publication of this resolution for the services currently in production (Buses, Taxis, Railroads (Ferrocarril), and Service Stations). Meanwhile, for services included in the future, this period shall run from the moment the operators are notified that said service will be available in a productive mode on the corresponding digital platforms (this notification is prior to publication in the app stores); the means indicated in the Regulatory Information System (Sistema de Información Regulatoria) shall be used to make this notification. 6- To establish a maximum period of 10 business days for public service operators to resolve the dissatisfactions (inconformidades) submitted through the ARESEP Contigo mobile application. Should the operator not resolve the dissatisfaction (inconformidad) within the indicated period and the user expresses disagreement with the last attention provided, the respective record shall be automatically transferred from said mobile application to the Dirección General de Atención al Usuario for its corresponding processing, in accordance with the provisions of Ley 7593. 7- To establish an internal procedure for the follow-up and analysis of dissatisfactions (inconformidades) and their interaction with the ARESEP Single Window (Ventanilla Única). Said procedure shall explicitly describe the operational process that ARESEP must follow in the follow-up of dissatisfactions (inconformidades). This procedure shall be available in its updated and current version on the institution's website, and in the event of any modification, this shall be communicated through the means established in the general module of the SIR. 8- To notify the participants in the public consultation process of this resolution, for whatever purpose it may serve, as provided herein. 9- To communicate this resolution to the Dirección General de Atención al Usuario and the Secretaria de Junta Directiva, which is related to agreement 12-68-2024 of the minutes of ordinary session 68-2024, held on August 21, 2024, and ratified on August 28, 2024.

Based on the powers granted in the Ley General de la Administración Pública and the Ley de la Autoridad Reguladora de los Servicios Públicos.

THE GENERAL REGULATOR OF THE AUTORIDAD REGULADORA DE LOS SERVICIOS PÚBLICOS HEREBY RESOLVES:

I. To consider the positions associated with the public consultation process of this proposal as addressed

II. To define, for purposes of using the mobile application, the concept of dissatisfaction (inconformidad) as follows

Dissatisfaction (Inconformidad): a need raised by the user before the provider, through the Aresep Contigo mobile application, for the improvement of an element associated with the provision of the public service, so that the provider delivers the respective response and/or attention.

In this way, an interaction between users and providers is achieved, allowing for a better operation of the regulated service and communication among the different parties involved.

ARESEP shall establish, in said mobile application, the appropriate conditions for interaction and shall mediate through data analysis and the exchange of messages, calls, or joint sessions to follow up on the formalities so that the respective attention is given, thereby fostering solutions between the parties. Should the user remain in disagreement, they may transfer the matter to ARESEP and transform that formality into a complaint (queja) or report (denuncia).

The transformation of a "dissatisfaction (inconformidad)" into a complaint (queja) or report (denuncia) must meet the specific requirements of the latter. Therefore, once transferred to the ARESEP Single Window (Ventanilla Única), compliance with said requirements must be guaranteed. Dissatisfactions (inconformidades) that are not transformed into complaints (quejas) or reports (denuncias) shall not be considered in the complaints (quejas) and reports (denuncias) reports, as they are distinct matters, and they will remain already registered before Aresep.

III.To clarify to service providers that they must include in the complaint (quejas) report they are required to submit periodically those dissatisfactions (inconformidades) that have been duly transformed into a formal complaint (queja) or report (denuncia).

IV.To instruct all public service operators to keep the information in the general module of the SIR updated, particularly regarding the name of the operator or legal representative, as applicable, and their email address. In the case of remunerated passenger transport services, Taxi mode, they shall only enter the corresponding information in the ARESEP Operador mobile application and the Inconformidades web application.

V.To request public service operators that have functionalities implemented within the mobile application to use the ARESEP Operador tool (for those with mobile devices) or the Inconformidades web application (from a browser with Internet connectivity) to manage the dissatisfactions (inconformidades) submitted by users through the ARESEP Contigo mobile application. Operators must comply with this provision within a maximum period of 30 calendar days from the publication of this resolution for the services currently in production (Buses, Taxis, Railroads (Ferrocarril), and Service Stations). Meanwhile, for services included in the future, this period shall run from the moment the operators are notified that said service will be available in a productive mode on the corresponding digital platforms (this notification is prior to publication in the app stores); the means indicated in the Regulatory Information System (Sistema de Información Regulatoria) shall be used to make this notification.

VI.To establish a maximum period of 10 business days for public service operators to resolve the dissatisfactions (inconformidades) submitted through the ARESEP Contigo mobile application. Should the operator not resolve the dissatisfaction (inconformidad) within the indicated period and the user expresses disagreement with the last attention provided, the respective record shall be automatically transferred from said mobile application to the Dirección General de Atención al Usuario for its corresponding processing, in accordance with the provisions of Ley 7593.

VII.To establish an internal procedure for the follow-up and analysis of dissatisfactions (inconformidades) and their interaction with the ARESEP Single Window (Ventanilla Única). Said procedure shall explicitly describe the operational process that ARESEP must follow in the follow-up of dissatisfactions (inconformidades). This procedure shall be available in its updated and current version on the institution's website, and in the event of any modification, this shall be communicated through the means established in the general module of the SIR.

VIII.To notify the participants in the public consultation process of this resolution, for whatever purpose it may serve, as provided herein.

IX.To communicate this resolution to the Dirección General de Atención al Usuario and the Secretaria de Junta Directiva, which is related to agreement 12-68-2024 of the minutes of ordinary session 68-2024, held on August 21, 2024, and ratified on August 28, 2024.

LET IT BE NOTIFIED AND COMMUNICATED.

CERTIFICATIONS OF NOTIFICATION AND COMMUNICATION:

| CERTIFICATION OF NOTIFICATION BY ELECTRONIC MAIL | | | --- | --- | | In case file number OT-299-2022, resolution RE-0583-RG-2024 was issued, which is notified to the Consejero del Usuario, represented by Mr. Jorge Sanarrucia Aragón, at the following address, email: [email protected] (primary means) (Folio 801) and at the following address, email: [email protected] (accessory means) (Folio 801). | | | Number of folios: 51 (# of Folios) | Date and time: | | Name of notifier: | Signature: | | CERTIFICATION OF NOTIFICATION BY ELECTRONIC MAIL | | | --- | --- | | In case file number OT-299-2022, resolution RE-0583-RG-2024 was issued, which is notified to the Asociación Cámara Nacional de Transportes de Costa Rica, at the following address, email: [email protected] (primary means) (Folio 802) and at the following address, email: [email protected] (accessory means) (Folio 802). | | | Number of folios: 51 (# of Folios) | Date and time: | | Name of notifier: | Signature: | | CERTIFICATION OF NOTIFICATION BY ELECTRONIC MAIL | | | In case file number OT-299-2022, resolution RE-0583-RG-2024 was issued, which is notified to the Compañía Nacional de Fuerza y Luz, at the following address, email: [email protected] (primary means) (Folio 803) and at the following address, email: [email protected] (accessory means) (Folio 803). | | | Number of folios: 51 (# of Folios) | Date and time: | | Name of notifier: | Signature: | | CERTIFICATION OF NOTIFICATION BY ELECTRONIC MAIL | | | --- | --- | | In case file number OT-299-2022, resolution RE-0583-RG-2024 was issued, which is notified to Alberto Cabezas Villalobos, at the following address, email: [email protected] (sole means indicated by the party) (Folio 806). | | | Number of folios: 51 (# of Folios) | Date and time: | | Name of notifier: | Signature: | | COMMUNICATION RECORD | | | In case file number OT-299-2022, resolution RE-0583-RG-2024 was issued, which is communicated at the Aresep facilities to the Dirección General de Atención al Usuario, at the email address: [email protected] San José, at (Time) on (Date) of (Month), 2024. | | | Date: | Time: | | Name of notifier: | Signature: | | COMMUNICATION RECORD | | | --- | --- | | In case file number OT-299-2022, resolution RE-0583-RG-2024 was issued, which is communicated at the Aresep facilities to the Secretaría de Junta Directiva, at the email address: [email protected] San José, at (Time) on (Date) of (Month), 2024. | | | Date: | Time: | | Name of notifier: | Signature: | Go to beginning of document

Implementation of Aresep Contigo and Operator mobile applicationsImplementación de aplicaciones móviles Aresep Contigo y Operador

XXVII. That the useful and necessary proceedings for the issuance of this resolution have been carried out

II. JUSTIFICATION FOR THE PROPOSAL

VII. That regulatory theory has established

III. PUBLIC CONSULTATION

IV. TRANSITIONAL PROVISION

I. To consider the positions associated with the public consultation process of this proposal as addressed

II. To define, for purposes of using the mobile application, the concept of dissatisfaction (inconformidad) as follows

XXVII. Que se han realizado las diligencias útiles y necesarias para el dictado de la presente resolución

II. JUSTIFICACIÓN DE LA PROPUESTA

VII. Que desde la teoría de la regulación se ha dispuesto

XIV. Que el Regulador General emitió el oficio 179-RG-2017 que en torno al tema indica lo siguiente

III. CONSULTA PÚBLICA

IV. TRANSITORIO

I. Dar por atendidas las posiciones asociadas al proceso de consulta pública, de la presente propuesta

II. Definir, para efectos del uso de la aplicación móvil el concepto de inconformidad de la siguiente forma

Stay Informed Mantente Informado

Email Updates Actualizaciones por Correo

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