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Stakeholders raise concerns over various provisions in draft telecom act

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The stakeholders argued that administrative penalties are already a form of punishment, and the additional compensation proposed in the draft is not business-friendly.

Special Correspondent

Publisted at 5:42 PM, Wed Jun 5th, 2024

Stakeholders in the telecommunications sector have urged changes to several provisions in the draft Bangladesh Telecommunication Act-2024, citing issues such as dispute resolution, high penalties, non-bailable offenses, and immunity clauses.

Participants voiced their concerns during a roundtable discussion held on Wednesday at the Bangladesh Computer Council (BCC) auditorium in Agargaon, Dhaka.

The event was organised by the Telecom and Technology Reporters Network Bangladesh (TRNB) with support from the Association of Mobile Telecom Operators of Bangladesh (AMTOB).

State Minister for Posts, Telecommunications, and Information Technology Zunaid Ahmed Palak, attended the roundtable as the chief guest, while BTRC Chairman Engineer Mohiuddin Ahmed was the special guest.

Minister Palak said, "The government does not intend to engage in business but aims to create a business-friendly environment through necessary laws and regulations. We will develop a law that will aid in building a Smart Bangladesh." 

He emphasised the need for the BTRC to function as a one-stop service center while assuring the stakeholders of reconsidering the high penalties and the provision of non-bailable offenses for operators or company heads.

Minister Palak called for the formation of a 7 to 9-member committee to expedite the finalisation of the telecom law.

Speakers at the meeting highlighted that while the nation is transitioning towards a Smart Bangladesh and encouraging foreign investment, some aspects of the draft law have created negative sentiments among investors. 

They pointed out that the draft includes provisions for dispute resolution, despite a separate law enacted in 2001 already addressing this issue, which could lead to new complications. The draft law also proposes hefty fines up to Tk3 crore, which stakeholders deem excessive.

They argued that administrative penalties are already a form of punishment, and the additional compensation proposed in the draft is not business-friendly. The draft considers violations by licensees in this sector as non-bailable offenses and grants immunity to the government or commission from any actions. It also states that civil courts will have no jurisdiction over their decisions, which contradicts constitutional rights and the spirit of the country's legal framework.

Participants stressed that the law should not include provisions that discourage domestic and foreign investment. They requested the government to formulate an internationally standard law through discussions with all relevant stakeholders.

The roundtable discussion was attended by Taimur Rahman, Chief Corporate and Regulatory Affairs Officer of Banglalink Digital; Hans Martin Henricksen, Chief Corporate Affairs Officer of Grameenphone; AMTOB Secretary General Lt. Colonel Mohammad Zulfikar (Retd.); President of the Mobile Phone Industry Owners Association Zakaria Shahid; President of the Internet Service Providers Association Imdadul Haque; BRAC University Professor Saimum Reza Talukdar; and Zahidul Islam, Vice President of Nagad.

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