The operation of networks and the provision of telecommunications services shall be subject to a sectoral competition regime, which shall be governed by the provisions of this law and supplementarily by the criteria established in Chapter III of Law No. 7472, Promoción de la Competencia y Defensa Efectiva del Consumidor, of December 20, 1994, and by the provisions of the Ley de Fortalecimiento de las Autoridades de Competencia de Costa Rica.
(Thus amended the previous paragraph by Article 140 subsection a) of the Ley de Fortalecimiento de las Autoridades de Competencia de Costa Rica, No. 9736 of September 5, 2019) Sutel is responsible for:
- a)Promoting the principles of competition in the national telecommunications market.
- b)Analyzing the degree of effective competition in the markets.
- c)Determining when operations or acts executed or concluded outside the country, by operators or providers, may affect effective competition in the national market.
- d)Guaranteeing the access of operators and providers to the telecommunications market under reasonable and non-discriminatory conditions.
- e)Guaranteeing access to essential facilities under equitable and non-discriminatory conditions.
- f)Preventing abuses and monopolistic practices by operators or providers in the market; the latter may not assign their systems and technologies to a single operator for monopolistic purposes. If it is determined that a provider has created or used other legal entities for these monopolistic purposes, Sutel must guarantee that said practice ceases immediately, without detriment to the liabilities arising from this conduct.
- g)Preventing and detecting monopolies and investigating cartels, monopolistic practices, illegal concentrations (concentraciones ilícitas), and other restrictions on the efficient functioning of the telecommunications market, and imposing the measures and sanctions provided for in the legal system.
(Thus added the previous subsection by Article 140 subsection a) of the Ley de Fortalecimiento de las Autoridades de Competencia de Costa Rica, No. 9736 of September 5, 2019) h) Authorizing or denying concentrations in the telecommunications and networks sector that support sound and television broadcasting services, and imposing the conditions it deems necessary to counteract the possible anticompetitive effects derived from a concentration.
(Thus added the previous subsection by Article 140 subsection a) of the Ley de Fortalecimiento de las Autoridades de Competencia de Costa Rica, No. 9736 of September 5, 2019) i) Requesting from any natural or legal person, de facto or de jure entity, public or private, national or foreign, the information and documentation required to carry out its functions.
(Thus added the previous subsection by Article 140 subsection a) of the Ley de Fortalecimiento de las Autoridades de Competencia de Costa Rica, No. 9736 of September 5, 2019) j) Inspecting and obtaining copies of physical or electronic documents and records, with prior founded authorization from a Contentious Administrative and Civil Treasury Court, of the industrial, commercial establishments and other movable and immovable properties of operators and providers, when this is necessary to collect, prevent the loss or destruction of useful evidence for the investigation of absolute or relative monopolistic practices contemplated in this law and its regulations, in accordance with the provisions of Chapter IV of Title III of the Ley de Fortalecimiento de las Autoridades de Competencia de Costa Rica.
(Thus added the previous subsection by Article 140 subsection a) of the Ley de Fortalecimiento de las Autoridades de Competencia de Costa Rica, No. 9736 of September 5, 2019) k) Carrying out activities for the promotion and advocacy of competition in the telecommunications and networks sector that support sound and television broadcasting services.
(Thus added the previous subsection by Article 140 subsection a) of the Ley de Fortalecimiento de las Autoridades de Competencia de Costa Rica, No. 9736 of September 5, 2019) l) Issuing an opinion, regarding competition and free concurrence, on laws, regulations, agreements, circulars, and other administrative acts related to the telecommunications and networks sector that support sound and television broadcasting services, without such criteria having any binding effect.
(Thus added the previous subsection by Article 140 subsection a) of the Ley de Fortalecimiento de las Autoridades de Competencia de Costa Rica, No. 9736 of September 5, 2019) m) Any others conferred upon it by the Ley de Fortalecimiento de las Autoridades de Competencia de Costa Rica and its regulation.
(Thus added the previous subsection by Article 140 subsection a) of the Ley de Fortalecimiento de las Autoridades de Competencia de Costa Rica, No. 9736 of September 5, 2019) Sutel shall have exclusive competence to hear, ex officio or by complaint, as well as to correct and sanction, when appropriate, monopolistic practices committed by operators or providers that have the purpose or effect of limiting, diminishing, or eliminating competition in the telecommunications market.
Sutel is authorized to enter into agreements and exchange information with telecommunications regulatory authorities of other jurisdictions. The duties of confidentiality defined for Sutel shall be extended to persons who, as a result of this exchange of information, become aware of the information generated.