Goodbye To
Spam Text Messages in Costa Rica
The new Ley General de Telecomunicaciones
that eliminated the telecommunications
monopoly in the country also will eliminate
unwanted text messages over the cellular
telephone network and email messages over
the internet, messages known as "junk" mail
or "spam".
The new law approved last year provides for
a fine of between 0.0025% and 0.5% of the
gross annual income of an operator
permitting the messages to be sent over
their networks.
According to the legislation, the sending of
wanted communications is a serious matter,
which will fall on the shoulders of the new
former telecommunications regulator, the
Superintendencia de Telecomunicaciones (Sutel)
to control.
Spam or junk mail is nothing new in Costa
Rica. Since 2002, the Radiográfica
Costarricense (Racsa), the internet arm of
the Instituto Costarricense de Electricidad
(ICE) has been threatening to cut internet
services of those customers who use their
connection through Racsa for spamming.
Racsa's drastic action was taken to avoid
all Costa Ricans from having their internet
connection blocked because of spammers. A
block of Racsa's service to the outside
world would effectively cut off most of the
email services in Costa Rica.
The new law now allows consumers to file a
complaint against unwanted messages from the
service provider. The operator will then
have 10 days to remedy the situation, by
either sanctioning or blocking the offending
service from their network, failing which,
the consumer can then file a complaint with
the Sutel, which has the power to sanction
the operator.
Unwanted text messages has been growing in
Costa Rica. Text messaging is so popular
that ICE and the ministerio de Salud took to
sending continuous text messages over the
cellular network regarding the AH1N1 flu.
And although few businesses have picked up
on the text messaging to promote their
products or services, it is a practice that
is quickly growing, as Ticos increase their
use of cellular communications.
George Miley, head of the Sutel, says the
law is clear and "radically" changes
telecommunications in Costa Rica.
Telecom operators will be able to give
customers the option of receiving commercial
messages on their telephone or internet
service, but will also have to abide by the
requests of the customers who want the
messages stopped.
Although the Ley General de
Telecomunicaciones was passed in June 2008,
it was not until January of this year that
the Sutel was created and so far ICE is the
only provider of telecommunications services
in the country.
The Sutel is processing applications from
various operators interested in Costa Rica,
which approval is not expected until later
this year and the next until the market is
competitive.
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