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Tuesday, July 20, 2010

JS curtail BTRC’s power, empower govt to issue telecom license, fix fee, charge

Parliament on Monday passed a bill transferring the authority from BTRC to government of determining the procedure of issuing telecommunication license, formulate guidelines, fix fee and charge, and prepare the tariff structure.
Bangladesh Telecommunication Regulatory Commission (BTRC) lost its power following the amendment to International Long Distance Telecommunications Services (ILDTS) Policy, 2010 approved by the cabinet on March 20 this year.
The Bangladesh Telecommunications (Amendment) Bill, 2010 passed by voice vote provides for allowing legal use of VoIP (voice over internet protocol) and issuance of Call Termination Operator License to create jobs for the youth and experienced small traders.
Post and Telecommunication Minister Raji Uddin Ahmed Raju moved the Bill in the House.
The Bill also provided for maximum fine of Tk 300 crore and maximum five years’ imprisonment from the existing highest fine of Tk 10 lakh in the wake of changes in the pattern of crimes and data analyses with development of telecommunications.
The bill contains provisions to stop extortion by using telephone and to protect the country’s unity and solidarity.
According to the bill, a person will be sentenced to maximum 5 years imprisonment and maximum fine of Tk 300 crore if s/he, using telecommunication equipment or radio instrument, sends any signal or message against national unity and solidarity, or that is seditious or may create hatred, split and unrest among the people or harmful to Bangladesh’s sovereignty or defense, or damaging to Bangladesh’s friendly relations with foreign countries, or Bangladesh’s security, public safety or public discipline or rule of law, create fear among the people or any community or against the economic interest of the state.
Under the bill, if any person wants to send any obscene message, fearful or serious defamatory message by using telecommunications equipment or radio instrument and proposes it to another person who is in charge of operating those equipment and the second person accepts the proposal and sends the message deliberately, in that case both the persons will be sentenced to maximum two years imprisonment and maximum fine of Tk 5 crore or with both.
For extortion, if any person using telecommunications equipment or radio instrument sends obscene, seriously defamatory or threats or any other fearful message to another person or persons will be sentenced to maximum five years imprisonment or maximum fine of Tk 5 lakh.
The bill provided for establishing “Social Accountability Fund” for bringing the people living in backward areas to telecommunications network in a bid to bring positive results in their socio-economic life.
Opposing the bill, independent lawmaker Fazlul Azim said he apprehended that it would be an impediment to the flourishing of information technology in the country.
Moving a motion for eliciting public opinion, he said the law was first enacted during the Awami League government in 2001 when BTRC was given the power to take punitive action. But after the passage of the bill, the Telecommunications Ministry’s permission will be required to take punitive action against the offenders.
Azim observed that the amount of fine of Tk 300 crore would be an intolerable burden on the entrepreneurs and proposed to send the bill to a select committee.
In response, Post and Telecommunication Minister Razi Uddin Ahmed Raju said the bill had been formulated after discussions with experts and stakeholders.
He said with the arrival of new technologies many would secretly make crores of taka every week.
The House passed the bill by voice vote after rejecting Azim’s motions.

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