A parliamentary watchdog on Monday finalised its recommendations on a controversial telecommunications bill that would inevitably undermine the telecoms regulator's authority to function independently of the ministry's interference. The "Telecommunications (Amendment) Bill 2010" would force the Bangladesh Telecom Regulatory Commission to take prior approval from the government for issuing licences and setting tariff rates.
The parliamentary standing committee on telecommunications ministry inserted a new provision in the bill for creation of an Appeal Board for disposing of telecom-related offences or breach of telecoms rules within 60 days.
The standing committee also added another section to the bill authorising the government to appoint an administrator to oversee any errant organisations, which operate under telecom laws.
Hasanul Haq Inu, the committee chairman, told reporters that the bill "would only ensure the government's role in the telecom sector".
He claimed the autonomous BTRC would not lose its powers such as issuing and cancelling telecom licences, allocation of frequency and other day-to-day businesses with prior permission from the telecommunications ministry.
The BTRC, which cancelled licences of three private television channels for violating rules in the last three years, had strongly opposed the bill, saying it would turn the regulator into a "toothless tiger".
Telecommunications minister Raziuddin Ahmed Razu placed the bill in the parliament to amend the telecom law passed by the previous BNP government in 2001.
"We have included a new provision for creation of a three-member Telecommunications Appeal Board to expedite settling of disputes of the telecom business operators, if any, with the government or the BTRC," Inu told reporters on Monday.
He said a sitting or retired Supreme Court judge would head the Appeal Board to dispose of the cases in 60 days and other board members would be appointed by the government.
The chairman said his committee also added a new section on appointment of administrators to the organizations facing license cancellation by the BTRC for breach of telecommunications rules.
"If the authorities decide to cancel the license of any business establishments (who take licenses from the BTRC), the bill will authorise the government to appoint an administrator to run the same for securing the rights of the consumers," said Inu.
BTRC cancelled the licences of TV channels CSB News in 2007, and Channel One and the Jamuna Television in 2010. The channels were shut due to cancellation of frequency for the TV stations.
The autonomous regulator also shut several private telecom companies for their alleged involvement in the illegal VOIP businesses.
The bill has a section for creating a corporate social responsibility fund with allocation from the government and other international organizations.
All business houses taking licenses from the BTRC would be compelled to donate to the fund as per the bill, said the committee chairman.
"The amount of donation from the telecom operators has not been fixed yet. It will be set by the government through framing a rule on the proposed law," Inu told while replying to a bdnews24.com question.
The bill has increased the financial punishment for telecom crimes too.
It set highest pecuniary punishment at Tk 300 crore for being involved in subversive activities against the state or instigating divisions in the country or society, telecom secretary Sunil Kanti Bose told reporters. Earlier, Bangladesh Telecommunications Act 2001 set the fine at Tk 10 lakh.
The Telecommunications Ordinance of 2007, promulgated by the previous military-led interim administration, hiked the fine to Tk 500 crore for telecommunications crimes.
But the present government did not accept the ordinance and restored the 2001 law.
"We have recommended that the telecom ministry will have to sit with the license holders if the government wanted to change the terms and conditions of the licenses," said Inu.
As per the bill, the government can change the terms and conditions of holding licenses at any time.
The parliamentary standing committee on telecommunications ministry inserted a new provision in the bill for creation of an Appeal Board for disposing of telecom-related offences or breach of telecoms rules within 60 days.
The standing committee also added another section to the bill authorising the government to appoint an administrator to oversee any errant organisations, which operate under telecom laws.
Hasanul Haq Inu, the committee chairman, told reporters that the bill "would only ensure the government's role in the telecom sector".
He claimed the autonomous BTRC would not lose its powers such as issuing and cancelling telecom licences, allocation of frequency and other day-to-day businesses with prior permission from the telecommunications ministry.
The BTRC, which cancelled licences of three private television channels for violating rules in the last three years, had strongly opposed the bill, saying it would turn the regulator into a "toothless tiger".
Telecommunications minister Raziuddin Ahmed Razu placed the bill in the parliament to amend the telecom law passed by the previous BNP government in 2001.
"We have included a new provision for creation of a three-member Telecommunications Appeal Board to expedite settling of disputes of the telecom business operators, if any, with the government or the BTRC," Inu told reporters on Monday.
He said a sitting or retired Supreme Court judge would head the Appeal Board to dispose of the cases in 60 days and other board members would be appointed by the government.
The chairman said his committee also added a new section on appointment of administrators to the organizations facing license cancellation by the BTRC for breach of telecommunications rules.
"If the authorities decide to cancel the license of any business establishments (who take licenses from the BTRC), the bill will authorise the government to appoint an administrator to run the same for securing the rights of the consumers," said Inu.
BTRC cancelled the licences of TV channels CSB News in 2007, and Channel One and the Jamuna Television in 2010. The channels were shut due to cancellation of frequency for the TV stations.
The autonomous regulator also shut several private telecom companies for their alleged involvement in the illegal VOIP businesses.
The bill has a section for creating a corporate social responsibility fund with allocation from the government and other international organizations.
All business houses taking licenses from the BTRC would be compelled to donate to the fund as per the bill, said the committee chairman.
"The amount of donation from the telecom operators has not been fixed yet. It will be set by the government through framing a rule on the proposed law," Inu told while replying to a bdnews24.com question.
The bill has increased the financial punishment for telecom crimes too.
It set highest pecuniary punishment at Tk 300 crore for being involved in subversive activities against the state or instigating divisions in the country or society, telecom secretary Sunil Kanti Bose told reporters. Earlier, Bangladesh Telecommunications Act 2001 set the fine at Tk 10 lakh.
The Telecommunications Ordinance of 2007, promulgated by the previous military-led interim administration, hiked the fine to Tk 500 crore for telecommunications crimes.
But the present government did not accept the ordinance and restored the 2001 law.
"We have recommended that the telecom ministry will have to sit with the license holders if the government wanted to change the terms and conditions of the licenses," said Inu.
As per the bill, the government can change the terms and conditions of holding licenses at any time.
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