The court decision is based on a request of the Federation of the Internal Front of Workers of the Costa Rican Electricity Institute and the Telecommunications Industry against the State.

It requested to provisionally stop the execution and legal effects of the decree that prohibits companies from countries not signatories of the Budapest Agreement to participate in telecommunications tenders, within the framework of the cybersecurity regulation for 5G and above.

This is a provisional measure, while a main case is being resolved, and orders the suspension and legal effects of the cybersecurity regulation related to fifth generation networks, as well as any act of adjudication related to those networks, recognizing its importance for all sectors of the economy, explains Edwin Estrada, lawyer and telecommunications consultant.

The Court considers that any procedure in this order must adhere to the principle of legality, and therefore, from this point of view, the processes currently being carried out will be analyzed in order to rule out any irreparable damage to the public interest, given that the awards could be terminated at any time and the regulations are in force, adds the expert.

This measure puts on hold the tender for 5G being carried out by ICE, as well as the one ordered by the Government through the Ministry of Science and Technology (Micitt), which is currently held up due to the lack of quorum in the Superintendence of Telecommunications.

It is relevant to point out that this precautionary measure is of a temporary nature, being that the State will exercise its procedural rights in a timely manner, so that the judge may have all the elements to revoke the measure ordered, explained the Micitt in a press release.

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