BTRC seeks to regain lost autonomy

The Bangladesh Telecommunication Regulatory Commission (BTRC) is now trying to regain the autonomy it lost during the ousted Awami League government. However, the posts, telecommunication and information technology ministry believes that prior approval is required for decisions related to the interests of subordinate departments and agencies.

According to individuals associated with the sector, telecommunications has long been an attractive and competitive field, with minimal scope for direct government intervention in regulatory affairs. When the Awami League assumed power in 2009, the government tightened its grip on the telecommunications sector and started exerting political influence on BTRC.

In 2010, the government amended the Bangladesh Telecommunication Act - 2001 to introduce a requirement for prior government approval for regulatory activities. These included providing licenses, approving renewals, administrative actions, tariff approvals, and name changes on license. A draft amendment was prepared last year under the previous government, with the provision for prior approval.

The BTRC kept mum throughout the period. After the political changeover, the commission is now trying to regain its power. It issued a letter to the ministry on 16 April, seeking restoration of its autonomy.

In the letter, the BTRC noted that the requirement for prior approval has prolonged regulatory processes and opened the door to negative political interference. It also curtailed the commission’s ability to operate independently and impartially, and eventually led to an unequal market environment in the telecommunications sector.

Speaking to Prothom Alo, BTRC chairman Maj Gen (retd) Emdad ul Bari said a small change through the 2010 amendment facilitated the scope for exerting a huge influence, and the independence of BTRC was curtailed.

“Who will receive or lose a license, or who will be served a show-cause notice – all require ministry approval. So, it gives rise to a question – what is the role of this commission? Let the government clarify. The BTRC should be accountable, but it should be free from governmental influence,” he explained.

An example of government interference in BTRC was the fraud case involving the family of Shamim Osman with an IGW license. Many licenses were issued in the telecom sector in 2009. According to commission sources, many of those were not favoured by the commission, but were approved due to political considerations.

The BTRC also noted in the letter that investors expressed concerns at the recent investment summit over the culture of internet shutdowns and the lack of a business-friendly environment. The commission included the issue of repealing the legal provision that allowed internet shutdowns.

Faiz Ahmad Taiyeb, special assistant to the chief advisor on posts, telecommunications and information technology, acknowledged that instructions have been issued to amend the telecommunication act.

He outlined three targets for the amendment: ensuring a trade-off between the BTRC’s independence and accountability, incorporating the interests of six agencies under the ministry, and, prior approval from the ministry is required for some cases in which these institutions have interests, including licensing and regulatory policies.

He also put emphasis on introducing necessary reforms so that the government could never shut down internet ever.