Costa Rica broadcast spectrum fee legislation

The Costa Rican Legislative Assembly is advancing Bill 24.461, a reform to the 1954 Radio and Television Law. The proposal seeks to replace fixed annual fees with a progressive canon based on a station’s annual gross income for radio spectrum use.

Under the proposed structure, television broadcasters could face fees of up to 7.73% of gross revenue, while radio stations would see rates between 1.51% and 3.13%. While broadcasters earning up to 130 base salaries would be exempt, the bill has already passed its first debate with 48 votes in favor and 3 against. The Inter-American Press Association (IAPA) and the Committee to Protect Journalists (CPJ) have warned that the economic burden could “threaten the viability of free-to-air media” and restrict freedom of expression. Major broadcaster Teletica has also stated that the new fees could compromise its economic stability.

Legislators from the National Liberation Party (PLN), Social Christian Unity Party (PUSC), and CAC have now filed a constitutional challenge against the bill. The challenge questions whether the reforms infringe upon freedom of expression and press freedom, expressing concern that the regulations could allow for “arbitrary decisions regarding concessions” and violate principles of legality and due process. A central point of contention is the calculation method; critics argue that basing fees on annual gross income rather than technical spectrum usage could create significant disparities between companies using the same bandwidth.