Environmental and Social Management Framework for the Costa Rica Telecommunications Sector Modernization Project
Download 0.6 Mb.
|
- Navigate this page:
- Legislative and Institutional Background
Excecutive SummaryIntroductionThe telecommunications sector in Costa Rica is currently at a turning point. The GoCR has developed an explicit national telecommunications sector modernization policy, as one of the pillars in its effort to increase the global competitiveness of the country. The GoCR’s telecommunications sector modernization policy is based on principles that are deeply rooted in the national tradition, in particular: (i) gradual, selective and regulated liberalization without privatization; and (ii) benefit to the user in compliance with the social objectives of universality and solidarity. Against this background, and under the heading of the social objective of universality and solidarity, the general telecommunications law envisages the creation of a Universal Service Fund for Telecommunications, FONATEL, one of whose objectives will be to promote investments in the deployment of telecommunications networks and provision of services to rural areas. The initial round of FONATEL projects will be financed with the support of a World Bank project. This report, commissioned by the government of Costa Rica (GoCR) presents a sectoral environmental assessment of the Costa Rican telecommunications sector, as well as options for an environmental management plan, which will strengthen the environmental management of the telecommunications sector in Costa Rica. It also provides guidelines for (1) the selection of sites for the construction activities related to the implementation of the proposed World Bank Telecommunications Sector Modernization Project, particularly with regards to the rural telecommunications component, and (2) the design of mitigation measures of environmental impacts. This report, commissioned by the government of Costa Rica (GoCR) provides an Environmental and Social Management Framework (ESMF) for the proposed Telecommunications Sector Modernization Project in Costa Rica. It includes:
Legislative and Institutional BackgroundThe Ministry of Environment and Energy (MINAE) is the main institution responsible for environmental matters in Costa Rica. The National Environmental Technical Secretariat (SETENA) is a technically independent agency from MINAE. Its main purpose is to achieve harmony between the productive industrial processes and their environmental impacts by reviewing and approving environmental impact assessments for activities that alter or affect environmental elements or generate toxic or dangerous materials. The Costa Rican Institute of Electricity (ICE) administers the electricity and telecommunications sectors. To date, ICE is the sole concessionaire for the exploitation of the electricity and telecommunications services, making ICE a de facto monopoly. ICE currently provides all telephone services in the country, including basic telephone services (POTS), public pay phones, automatic telephones, cellular, commercial communication, international services, and internet access. In addition, there are a number of institutions that have partial responsibility over telecommunications and environmental matters (such as The Public Services Regulatory Agency, ARESEP, the Radio Control Office, RACSA, and the Ministries of Health and Labor). To date, Costa Rica does not have an integrated legal framework to regulate the telecommunications sector or an integrated set of environmental provisions specifically applicable to the telecommunications sector. Most of the current environmental provisions in Costa Rica are applicable to all types of projects and do not consider telecommunications as an independent category. The applicable legislation in Costa Rica is consistent with most of the requirements established by the World Bank; however, some of the World Bank’s requirements are not or are only partially met by national legislation. Adjustment measures should be taken to upgrade some of these procedures to ensure full compliance. Such measures should include:
At the time of this report, two telecommunications bills were under discussion in Congress: the General Telecommunications Law, recently approved, designed to create the legal framework for an open market; and the Law for the strengthening and modernization of public entities of the telecommunications sector, designed to prepare ICE for future competition. Under the current provisions of these laws, MINAE will oversee the telecommunications sector under the new name of Ministry of Environment, Energy, and Telecommunications (MINAET). Based on the review of the existing legal framework, the opening of the market perspective and the future investments to be made by the project, it is advisable that the government of Costa Rica issue regulations with the objective of creating a clear legal framework for managing environmental issues in the telecommunications sector. Provisions for strengthening environmental management of telecommunications sector in Costa Rica should address the following:
Directory: curated curated -> Concept stage curated -> Concept stage curated -> Republic of Côte d'Ivoire Urbanization Review curated -> Report No: aus11011 Central America curated -> Report No. 94474-pk fiscal Disaster Risk Assessment Options for Consideration curated -> Environment Impact Assessment For Jiangxi Shangrao Sanqingshan Airport Beijing Guohuantiandi Environmental Technology Development Center. Ltd. Oct. 2012 Content curated -> Growth through Innovation An Industrial Strategy for Shanghai By Shahid Yusuf Kaoru Nabeshima April 22nd, 2009 curated -> Report No: 70178. People's Republic of China curated -> Making Nutrition Policy Central to Development Understanding the Political and Institutional Conditions for Policy Change Case Study of the Political Economy of Nutrition Policies in Ethiopia Prepared By Download 0.6 Mb. Share with your friends:
|