Bangladesh Telecommunication Act 2010
by Badiul Alam
Telecom Minister Raziuddin Ahmed Raju finally came up with the controversial amendment proposals to the Bangladesh Telecommunication Act 2001 which has received serious opposition from Members of Parliament, telecom operators, development partners and members of the civil society. The amendment proposals were placed before the current session of parliament immediately before placing the budget for the current fiscal.
In his vision statement, the Telecom Minister said that the amendment of the Bangladesh Telecommunication Act 2001 had become necessary to implement the 'Digital Bangladesh' agenda by incorporating different technological advancements in the field of the telecommunications. But stakeholders have serious reservations about this statement made by the minister. They said that the hidden objective of the proposed amendments is to control the media and also to politicize the telecom sector.
Media, both electronic and print, are the major consumers of the various telecom technologies. A vibrant media can't have a long-term extended honeymoon with the establishment, and this has become true in the case of the existing grand alliance regime. The media has become target of the establishment and the government leaders have no qualms or hesitation in blaming the media for their failure.
The media has become very critical about the administration's failure to address the critical law and order situation, arresting the price hike of essentials and also solving the precarious energy and power problem. In the last election campaign, grand alliance leader Sheikh Hasina focused on these issues and blamed her political opponent and BNP Chairperson Khaleda Zia for her failure in addressing these critical issues which caused enormous people suffering. But in her one-and-a-half year tenure so far, the Prime Minister could not provide any light at the end of tunnel in respect of improving the law and order situation and addressing the price hike of essentials, including the price of rice.
Regarding the energy crisis, the government so far has failed to decide upon the outcome of the third round bidding and apprehensions have arisen that the outcome of the third round bidding would not see light of the day during the five-year tenure of the Prime Minister. Regarding the power crisis, some quick decisions have been taken to obtain power from rental sources. The decision on rental power lacks transparency as all unsolicited offers were accepted in this regard. The rental power would be a serious financial burden for the Power Development Board. The cost of rental power varies from Tk 8.0 to Tk 14 per unit whereas the average selling price of the power is Tk 3.5 per unit. It has been estimated that the PDB would incur around Tk 40 billion loss during the current fiscal. It has been alleged people around the power circle are the beneficiaries of the rental power.
The media has been vocal about the various manipulations of the administration and also its failures to address critical issues. Like other regimes, the grand alliance regime has become hostile to the vibrant media and within its short tenure one electronic and one print media has received closure notice and Acting Editor of the daily Amar Desh received humiliating treatment in police custody. The ruthless caretaker regime of Dr. Fakhruddin Ahmed did not dare to touch the media but the elected government has not hesitated to do so.
The proposed telecom amendment act would provide an instrument in the hands of the administration to control or suppress the media. It was proposed to insert a new clause after Clause 66 of Bangladesh Telecommunication Act 2001, which would be identified as Clause 66a.
It was said, if any person sends any signal, message or summons by using a telecommunication instrument or signaling instrument, which would harm the national unity and integrity, subversive to the state or create ill feelings, division and unrest among the people, or which creates a bad impact on the national sovereignty or country defence or creates a destructive environment in maintaining relations with friendly countries or Bangladesh security or maintaining public security and discipline or direct interference in maintaining rule of law or law and order or encourage to become aggressive or create panic situation among the people or different segment of people or harm the economic activities of the state, in that case the act of said person would be considered as an offence and the said person would either be sentenced a five-year jail term or a fine up to Tk 300 crore or would be awarded both the penalties.
Section 2 of Clause 66a empowers Bangladesh Telecommunication Regulatory Commission (BTRC) to ask the telecommunication service provider to stop sending signals, messages or summons, without assigning any reason.
Section 3 of Clause 66a said that if the telecom service provider fails to comply with the directive of BTRC that would be considered as offence, which would also bear the five-year jail term or Tk 300 crore penalty or both.
The offense committed under this act would be considered as a cognizable offence and both the BTRC officials and police would investigate the offence committed by any individual or telecom service provider, and the investigating officer will be empowered to arrest the person without any warrant. The investigative officer would empower to confiscate the equipments without court order if he feels that offender may destroy the equipments and other related evidence.
Another danger of the new added chapter is that there is no standing definition as to which acts would be considered as destructive to the state sovereignty or the country's defence or maintaining friendly relations with the foreign countries or maintaining law and order situation and the rule of law. In this situation misuse or political use of the new added chapter is likely. Under the section 54 of the Crpc the police could arrest anybody without showing any reason. Similarly, the BRTC official or the police could sue anybody under this act if they feels that the act or speech of the said person violates the provision of 66a of the amended Bangladesh Telecommunication Act.
Sophisticated telecommunication is being used in running the electronic media. The print media also uses different devices of the telecommunication equipment and both the media could be squeezed under the amended Bangladesh Telecommunication Act.
The government has passed the Right to Information Act, which could also be affected if the parliament approves the amendment proposals made on Bangladesh Telecommunication Act.
Amendment proposals contradict the Telecom Policy, 1998
The proposed amendment in respect of the power and function of Bangladesh Telecommunication Regulatory Commission (BTRC) directly contradicts the Telecommunication Policy 1998, which is the precursor of Bangladesh Telecommunication Act, 2001.
In the Vision Statement, it was stated in the Telecom Policy '98 the strategic vision of the government was to facilitate universal telephone service throughout the country… To achieve this vision, government's role as a service provider will diminish as the private sector's role increases…The Telecommunication Regulatory Commission (TRC) will become the guardian of Bangladesh Telecommunication Act and fulfill its regulatory functions.
Section 4.2.2 of the Telecom Policy '98 says' "The Regulatory Commission will be an autonomous commission, which retains its independence."
Section 4.2.3 of the Telecom Policy '98 deals with the function of the commission, which says, "The primary functions of the Regulatory Commissions are (i) issue operator licenses, (ii) regulations of tariffs, (iii) setting of technical standards, (iv) monitoring of service quality and adherence to rules and regulations by the operators etc."
Section 34 of the Bangladesh Telecommunication Act, 2001 deals with government powers in which it was stated that (1) the government would bear all responsibility in implementation of the international agreements in the field of telecommunication; (2) issues related with the telecommunication would be sent to the Telecommunication Regulation Commission (TRC) for its recommendations; (3) inviting the TRC's advice on any other issues related with the telecommunication; (4) financial arrangements in respect of research on the technical development of the telecommunication and frequency development; (5) directing the TRC to represent Bangladesh in any international or regional conference on the telecommunication.
It has now been proposed to add two new chapters to this clause, which are as follows, (1) approval of all telecommunication services, which would come under purview of license; (2) approval of the telecommunication tariff, call charge and other charges and how the operators would determine the charges; (3) if anything is not clearly spelt out in this act in respect of rate of tariff and other charges and policy directives on the telecommunication services than the government would decide on these issues.
garding the approval of the license to any operators it was proposed to insert a new section in the clause 35 in which it was stated that Commission would examine all the related issues in respect of providing license and submit the report to the government and the government would either approve the license or to reject the application seeking the license.
It was stated that the Commission with the prior approval of the government would conduct all business in respect of telecommunication.
If the parliament approves the proposed amendment, the TRC would not only lose its independence which was enshrined in the Telecom Policy 1998, it would turn into a mere wing or department of the Ministry of Telecommunication.
Necessity of the amendment
Telecom operators and development partners do not find sufficient justification in amending the Bangladesh Telecom Act, 2001, which has been termed as one of the better pieces of legislation made by the previous Awami League government.
But people involved in the telecom business said that the ruling party wants to politicize the telecom business. They would provide more licensed VOIPs (voice of internet protocol) to their own men, which would not be possible if the TRC remains kingpin in the telecom sector.
Secondly, licenses of the existing mobile operators would be revalidated from 2011. The political masters would be much benefited if the power of licensing does not remain in the hands of TRC.
Thirdly, this will put stringent control on both the electronic and print media, which has become a headache for the administration because of its failure in the different sensitive sectors.
Government move receives cold reception
Development partners and telecom operators have reacted sharply to the government move amending Bangladesh Telecom Act, 2001.
The World Bank Country Director Ms. Ellen Goldstein in her comments said: "Maintaining a dynamic telecommunications sector is important for accelerating economic growth in Bangladesh, particularly for introducing innovative information technology solutions within the context of a Digital Bangladesh. The World Bank is concerned that some of the amendments proposed to the Telecommunications Act will have negative impact on dynamism of the sector. Of concern is the introduction of greater uncertainty in the legal and regulatory regime, and the re-consolidation of many policy, making, regulatory functions and operations within a single government body. This includes the proposed transfer of regulatory functions like licensing and tariff approval from the regulatory agency back to a government ministry. Such consolidation of functions is inconsistent with international best practice in which government sets policy and provides oversight to a fairly autonomous but accountable regulatory agency. The proposed amendments would likely have effect on new investments in the sector while significantly raising the costs and risks of doing business for existing operators".
Mir Nasir Hossain, Chairman, Mir Telecom termed the proposed amendment proposals as naked aggression to the telecom sector and said that ruling party has an intention to impose BKSAL regime without amending the Consitution.
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