Environmental and Social Management Framework for the Costa Rica Telecommunications Sector Modernization Project
Legislative, Regulatory and institutional framework
Download 0.6 Mb.
|
- Navigate this page:
- 3.2Institutional Roles and Responsibilities for the Telecommunications and Environmental Sector
- 3.2.1Ministry of Environment and Energy (MINAE)
- 3.2.2National Environmental Technical Secretariat (SETENA)
- 3.2.3The Costa Rican Institute of Electricity (ICE)
- 3.2.4Radiográfica Costarricense S.A. (RACSA)
- 3.2.5Radio Control Office
- 3.2.6Public Services Regulatory Agency (ARESEP)
- 3.2.8Ministry of Labor and Social Security
3Legislative, Regulatory and institutional frameworkThis section comprises an overview of the current legislative, regulatory and institutional framework applicable in Costa Rica for the telecommunications and environmental sectors. 3.1Executive SummaryThe Ministry of Environment and Energy (MINAE) is the main institution responsible for environmental matters in Costa Rica. In addition, there are a number of institutions that have partial responsibility over telecommunications and environmental matters. 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. At the time of this report, two telecommunications bills were under discussion in Congress: a General Telecommunications Law, recently approved, and a Law for the strengthening and modernization of public entities of the telecommunications sector. These laws were designed to change and modernize the legal framework under which the telecommunications sector is currently operating in Costa Rica: they would lay the ground for the opening of the telecommunications sector and prepare ICE to future competition. 3.2Institutional Roles and Responsibilities for the Telecommunications and Environmental SectorThis section identifies the Costa Rican organizations involved in the telecommunications sector and in the protection of the environment, natural habitats, and cultural resources, as well as agencies in charge of the application, enforcement, and effective control of the regulations and norms in these thematic areas. 3.2.1Ministry of Environment and Energy (MINAE)Description The Ministry of Environment and Energy (MINAE) was originally created in 1982 to establish an adequate institutional framework in order to better protect the natural resources of the country. In 1995, upon the approval of the Environment Law (Law N°7554, October 4, 1995), additional competencies in the area of natural resources management as well as environmental impact assessments were granted to the Ministry. This law also created other environmentally-related entities such as the Environmental Comptroller Office; the Administrative Environmental Tribunals; and the National Environmental Technical Secretariat (Sectretaría Técnica Nacional Ambiental or SETENA). MINAE is currently responsible, among others tasks, for guaranteeing the constitutional right to a safe and healthy environment and for consolidating a National System of Areas for Conservation, known as SINAC (Sistema Nacional de Areas para la Conservación). MINAE provides policies and carries out plans for natural resources, energy, and mining resource development as well as environmental protection. MINAE also carries out and supervises investigations, technical exploration, exploitation and economic studies of the resources in its sector. Furthermore, it promotes, promulgates, and administers related regulations; grants all related authorizations or concessions; enters into international agreements; promotes environmental programs; keeps an inventory of national resources; and serves as a consultant for public and private institutions on environmental matters. MINAE’s main legal framework consists of the following laws:
Since 1982, accompanying several amendments to the Environment Law, various independent and autonomous offices with an indirect hierarchical relationship to MINAE were created (e.g., SETENA, the Administrative Tribunal, etc.). These departments or entities are independent in budget and technical decisions, affecting MINAE’s ability to coordinate the duties appointed to each office. These duties commonly overlap and in some cases lack adequate guidance for correct implementation. In its role, MINAE sets policies for the environmental sector, which are later implemented by the appropriate entities. All agencies dealing with environmental issues meet periodically to coordinate and discuss related matters. On May 8 2006, MINAE was formally appointed as the rector of the telecommunications and energy sector for policy matters (Decree 33151-MP, May 8, 2006); specific issues such as fee determination or policy implementation are overseen by other entities discussed below. As detailed below, the new telecommunications laws may cause this Ministry to be renamed to the Ministry of Environment, Energy, and Telecommunications (MINAET) and give it additional specific responsibilities for telecommunications matters. Mission MINAE’s mission is to contribute to the improvement of the quality of life of the inhabitants of the country and the promotion of the administration, conservation, and sustainable development of the elements, goods, services, and environmental or natural resources of the country; guaranteeing the necessary and full harmony between national development activities and respect for nature as well as the legal consolidation of citizens’ rights on these matters. In order to comply with its mission, MINAE is responsible for environmental matters and natural resources and coordinates the participation of citizens and private entities in the generation and implementation of policies, strategies, and actions meant to comply with national and international objectives and promote the ample and responsible participation of different sectors of society. Vision The Ministry envisions itself as an environmental administration system that allows a positive positioning in the international competition scenario (political, environmental and commercial) and at the same time responds to the requirements of the administration, conservation and sustainable use of the natural resources, with MINAE as an unquestionable leader. 3.2.2National Environmental Technical Secretariat (SETENA)Description The National Environmental Technical Secretariat (SETENA), created in 1995 (Law N°7554, October 4, 1995), is a technically independent agency from MINAE. As such, the agency enjoys technical independence in its decisions. SETENA’s main purpose is to achieve harmony between the productive industrial processes and their environmental impacts. According to the applicable regulations, activities that alter or affect environmental elements or generate toxic or dangerous materials require a prior environmental impact assessment. This assessment is then approved by SETENA. The environmental impact assessment is mandatory and cannot be waived in order to begin activities, works, or projects. SETENA analyzes the environmental impact assessments and renders its decisions and/or recommendations within established time frames. In order to make these decisions, SETENA has issued a series of regulations by which projects are classified and, depending on the categorization, specific environmental assessment tools are applied. The tool complexity varies with the nature, conditions, and scope of the project. Applications may invoke up to three levels of requirements:
Project developers and SETENA commonly agree on certain environmental measures as well. Additionally, SETENA is increasingly requesting the presence of an environmental foreman and periodic reports. In most cases, SETENA requires an environmental guarantee. This guarantee does not exceed 1% of the value of the land and the proposed works; penalties are enacted when environmental commitments are violated. SETENA also recommends actions to prevent environmental impacts and/or technically viable mechanisms to recover from impacts; resolves any claims related to environmental damage; performs optional field inspections before issuing decisions; prepares environmental guides for activities, works, and projects of environmental impact; and monitors and controls the implementation of its decisions. SETENA also holds open public hearings on certain projects. These hearings have recently been reserved for large projects with a high potential of environmental effects, such as waste treatment fields and hydroelectric plants. According to the law, SETENA has three clearly defined processes and areas of responsibility:
SETENA’s Technical Commission, the highest-ranking body of the Secretariat, is formed by representatives of the following entities:
SETENA has not issued specific regulations or provisions for mobile telecommunications projects; its regulations only apply to the construction and operation of radio lighthouses and radar stations1. Due to the absence of any specific category for telecommunications facilities, in the past the “other” category has been used for ICE’s telecommunications projects. Mission SETENA’s mission is to be the agency responsible for planning, assessment, and environmental control to promote sustainable development in Costa Rica, harmonizing project impacts through efficient and transparent service for its users. Vision SETENA envisions itself as the agency responsible for the administration of the environmental impact process, rendering an efficient, qualified, and transparent service that allows the user to make a correct decision and guarantee an objective analysis. 3.2.3The Costa Rican Institute of Electricity (ICE)DescriptionCreated in 1949, by the Law-Decree N°449, of April 8, 1949, the Costa Rican Institute of Electricity (Instituto Costariccense de Electricidad or ICE) administers the electricity and telecommunications sectors. The development and exploitation of the telecommunications sector was assigned to ICE in 1964 upon the purchase of the national telephone system infrastructure. To date, ICE is the sole concessionaire for the exploitation of these services, making ICE a de facto monopoly (Law N°3226, October 25, 1963). ICE is part of Grupo ICE, which consists of ICE and two other companies: Compañía Nacional de Fuerza y Luz and Radiográfica Costarricense S.A. The internal organization of ICE is divided by sector, “ICE Energy” and “ICE Telecommunications”, each with its own specialized infrastructure. ICE Telecommunications 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. Telecommunications fees are determined by the Public Service Regulatory Authority (Autoridad Reguladora de los Servicios Públicos, or ARESEP), as detailed below. ICE is currently one of the largest government contractors, using the public contract proceedings provided in the Public Procurement Law2. Mission ICE Telecommunications’ mission is to satisfy the needs and evolving expectations of clients and Costa Rican society through prompt service and telecommunications applications. ICE has added to its mission the availability of quality information, competitive prices and fees, adequate technology, and the best human resources. Vision ICE Telecommunications envisions itself as a government-owned corporation with world-class competitiveness, communications leadership, and information with the best technology for the client and the country. 3.2.4Radiográfica Costarricense S.A. (RACSA)Description Compañía Radiográfica Internacional de Costa Rica was created in 1922 as a private company for the exploitation of telegraphic services. As mentioned above, in 1964 ICE was granted an indefinite concession to exploit these services and authorized to create a subsidiary (Law N° 3293, June 18, 1974). Thereafter, ICE and Compañía Radiográfica Internacional de Costa Rica formed a mixed company, Radiográfica Costarricense (RACSA), to render these services. Although RACSA began service rendering telex, fax, and satellite communications services, it slowly entered the telecommunications business and currently offers domestic internet access via cable modem and telephone, Wimax, Wifi, prepaid access, and roaming internet; telegrams; and telex. Its corporate services include frame relay; ATM; clear channel access; VPDN nets; submarine cables (ARCOS and MAYA); satellite services; digital net services (point-to-point through the Central American digital net); broadband internet access; inverse asymmetric internet access; telegrams; and telex services. The services granted by RACSA are not subject to regulation; its fees are not determined by ARESEP. Mission According to its Mission, RACSA renders competitive, high-quality, integrated services in the national telecommunications services and information technology markets, in a sustainable, profitable manner, to fully satisfy the client and ensure the efficient integration of its human capital, technology, organization, and strategic allies. Vision RACSA envisions itself as a competitive telecommunications agency for next-generation integrated services in the regional and national market through innovative business models; high operational efficiency; excellent services; strong technological innovation; and trained human resources in order to consolidate the company as an axis for Costa Rican development. 3.2.5Radio Control OfficeDescription The Radio Control Office (Control Nacional de Radio) is part of the Ministry of the Interior. The Office has the authority to grant licenses for all operations that require the use of the electromagnetic spectrum, according to the applicable laws and regulations. The Radio Control Office was created in 1954 by the Law N°1758 of June 19, 1954. The law states that this Office must exercise the surveillance and control of all installations of wireless services as well as any establishment, operation, or exploitation by wireless services companies that profit through its transmissions. The regulations and provisions applied by the Radio Control Office regulate the use and operation of the radio electrical frequencies used by private or public persons in the development and operation of official, public, or private radio communication services. This Office must also verify the uniformity and adequate performance of national and international radio communications, to ensure compliance with the operation and technical requirements established by the International Telecommunications Union for the administration of communications traffic. The telecommunications bill currently being discussed in Congress would assign this Office’s responsibilities to the Telecommunications Superintendence. Additional functions and control tools to verify the use and condition of the radio electrical spectrum would be granted to this new entity upon project approval. Mission The Office’s mission is to guarantee the rational use of the radio electric spectrum in compliance with international agreements as well as Law N° 1758 and its regulations, which allows the concessions of necessary frequency segments for the development of the telecommunications services for the benefit of the population. Vision According to its vision, this Office aims to administer the radio electric spectrum based on agile and modern legislation that supports the socio-economic development of the country, with transparency in concessions granting and an interference-free spectrum. 3.2.6Public Services Regulatory Agency (ARESEP)Description The Public Services Regulatory Agency (Autoridad Reguladora de los Servicios Públicos, or ARESEP) was created in 1996; it replaced the National Electric Service agency (Servicio Nacional de Electricidad, or SNE) and now regulates all those services stated in the law (Law N°7593, August 9, 1996) that established the agency, including telecommunications. Regulation and fee determination are based on service cost; competition; supplier responsibility; prospective fee fixation; posterior review; non division of price; and quality. These principles rule ARESEP’s activities. All telecommunications prices are regulated by ARESEP, with the exception of international calls, which are adjusted in annual meetings, and services rendered by RACSA, and which are unregulated. Within ARESEP, the Telecommunications Regulation Department analyzes and carries out the necessary studies to determine prices, fees, and contributions as well as compliance with the quality, quantity, opportunity, continuity, and trustworthiness norms necessary to provide adequate telecommunications services. Please note that although environmental compliance could be considered to be part of service quality, ARESEP does not provide controls or follow-ups in this area (Meeting with the Telecommunications Department, ARESEP, June 6, 2007). ARESEP holds mandatory public hearings on proposed changes to public services fees, in which all public and users can participate. According to the telecommunications projects currently under discussion in Congress and detailed below, the Telecommunications Superintendence may become part of ARESEP. Mission ARESEP’s mission is to provide publicly regulated services at optimal access, cost, quality, and variety. Vision This entity envisions itself as a regulatory authority committed to its users, independent in its decisions, and innovative and specialized in its responsibility; with high credibility in Costa Rican society and the international community; and with a work team who is competent, motivated, and committed to the institution’s purposes. 3.2.7Ministry of HealthDescription The Ministry of Health (Ministerio de Salud) defines the national health policy; it regulates, plans, and coordinates all public and private activities related to health and the environment as well as the execution of those activities stated by law. Its functions include controls and registers on food, medical and cosmetic products; authorization permits for commercial or services offices; epidemic control; scientific and technological investigation; regulation of health services; solid waste management; waste waters; noise; and strategic development of programs for food and environmental and human health promotion. Its main legal framework is the General Health Law (Law N° 5395, October 23, 1973). Two Ministry of Health departments are directly related to environmental matters:
The Ministry of Health also grants location permits, construction permits, and sanitary permits required for certain construction and commercial operations. The Ministry of Health is the lead agency for the health sector. As such, it acts as a rector of the following entities in those areas where the entities’ competencies are considered as part of the health sector: the social security institution (Caja Costarricense de Seguro Social), the Costa Rican Institute of Water and Sewers and several smaller entities dedicated to issues such as youth, pharmacological dependency, children, senior citizens, sports, nutrition, and cancer. Mission The mission of the Ministry of Health is to guarantee the protection and improvement of the population’s health through direction and institutional leadership as well as a focus on health and intelligent social participation under the principles of solidarity and universality. Vision The Ministry of Health envisions itself as a mostly-independent institution; internally articulate, coherent, and making adequate decisions; with a culture oriented toward results and accountability; with duly trained, adequate, and proactive officers. Due to its leadership style, its technical capacity, and its achievements in the population’s health, the Ministry wants to become a high-level national and international institution, perceived by the population as a guarantee of heath and as an ally by its direct clients and the social parties subject to its authority. 3.2.8Ministry of Labor and Social SecurityDescription The Ministry of Labor and Social Security (Ministerio de Trabajo y Seguridad Social) was originally created in 1928 and was further consolidated in 1943, with the legal approval of the current Labor Code (Law N°2, August 26, 1943). The Ministry is in charge of oversight, development, improvement, and application of laws, decrees, and agreements on labor issues. It also coordinates labor matters; develops labor strategies; creates national labor policies; coordinates with related international organizations; supervises and mediates labor issues; determines minimum wages; grants pensions; supports small companies; and carries out programs on labor issues. Mission The Ministry of Labor and Social Security is a government organization in charge of administering the labor laws, the social security and labor sectors. It is also in charge of developing public labor policies to serve the needs of participants in the labor market with the goal of increasing quality of life; generating and improving a climate of dialogue and agreement; adding value to national production through pertinent and innovative interventions; preserving the rule of law; and creating social peace and justice in the country, thus contributing to the development of the nation. Vision This Ministry envisions itself as the government agency capable of performing and strengthening its role as the administrator of the labor administration system and the labor and social security sectors. These duties are carried out in coordination with other government entities and through the formulation and coordination of labor and social policies that adequately respond to phenomena such as increases in poverty levels and other social pathologies; changes in labor force composition and labor market structure; the growth of the informal sector; attending immigrant workers; and other elements related to market openings. 3.2.9Other EntitiesCosta Rica also has other government agencies related to environmental and social issues. These agencies belong to various administrative areas and have little to no influence on telecommunications issues. Some of these entities include:
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:
|