Costa Rican court intervenes on mobile regulation
Costa Rica’s constitutional court has ordered sector watchdog the Superintendency of Telecommunications (Sutel) to impose a temporary minimum data transfer rate for post-paid mobile internet users that exceed their fair usage allowance, notes TeleGeography.
“The court found that Sutel’s decision to allow cellcos to determine speeds under fair use policies – which allow operators to limit a customer’s download speed once a set data cap has been exceeded – violated consumers’ fundamental rights.” Fair use caps were introduced in Costa Rica in 2014 as a means to allow providers to mitigate the potential congestion caused by a small proportion of extremely high-use customers, and the resultant negative effect on service quality.
However, in its ruling the court questioned the blanket implementation of fair use caps at all times, suggesting that the cap was not necessary during off-peak periods. Further, the court noted that Sutel’s consideration of “functional” access was outdated, as it was based on 15-year-old ITU data which defined a download speed of 128 kbps as suitable for audio and video applications. http://bit.ly/2w49lzQ