The Bangladesh Telecommunication Regulatory Commission (BTRC) has issued a new set of guidelines permitting the legal interception of satellite-based internet services.
As a result, if the US internet service provider Starlink begins operations in Bangladesh, authorities will have the ability to intercept communications under the stipulated legal framework.
The new guideline, titled Regulatory and Licensing Guidelines for Non-Geostationary Orbit (NGSO) Satellite Services Operators in Bangladesh, was issued yesterday, Wednesday.
The BTRC has introduced these new regulations with the potential arrival of Starlink services in Bangladesh in mind. Starlink, a subsidiary of SpaceX, is owned by Elon Musk, one of the world’s leading technology entrepreneurs.
It provides internet services via artificial satellites. Professor Muhammad Yunus recently discussed Starlink in a video call with Elon Musk on 13 February.
Following the discussion, authorities ordered that the necessary work to facilitate the launch of Starlink services in Bangladesh be completed within 90 working days.
Interception provisions in the guidelines
Article 26(4) of the BTRC guidelines includes a provision for lawful interception. It states that the licensee must provide access to its gateway established in Bangladesh as required by a designated national agency and must furnish necessary information to the lawful interception system.
The licensee is also required to provide information to the designated government or law enforcement agencies to identify individuals, who may pose a threat to national security.
Public dissatisfaction regarding wiretapping stems from a lack of transparency. Without specific guidelines outlining how wiretapping will be conducted, who will be authorised to carry it out, and who will be held accountable, the process will continue to operate without oversightBM Mainul Hossain, professor and director of the Institute of Information Technology at Dhaka University
Furthermore, the licensee must have the necessary technology to facilitate such data sharing.
The new guidelines mandate that any satellite-based internet service licensee must comply with the Telecommunications Act 2001, the Wireless Telegraphy Act 1933, the Telegraph Act 1885, and other relevant ordinances, rules, and policies.
Additionally, the guidelines require that the licensee establish at least one gateway system within Bangladesh before commencing operations. The BTRC also encourages licensees to set up additional gateways to strengthen the infrastructure.
According to the guidelines, the activities and services of users residing in Bangladesh must be routed through local gateways. Moreover, the licensee must be connected to a licensed International Internet Gateway (IIG) to facilitate international internet data traffic.
Application fee Tk 500,000
The guidelines further state that the tariff or pricing of the licensee’s services must be approved by the BTRC. The application fee for obtaining a license is set at Tk 500,000, while the license fee is USD 10,000 (just over Tk 1.2 million).
The annual registration fee is around USD 30,000 (approximately Tk 3.7 million) for broadband services and USD 10,000 (just over Tk 1.2 million) for IoT services.
The expectation from the current government is that wiretapping should be lawful, transparent, and accountableBM Mainul Hossain, professor and director of the Institute of Information Technology at Dhaka University
The service provider will not be required to share any revenue with the BTRC for the first two years. However, revenue sharing will commence at a rate of 3 per cent from the third year and increase to 5.5 per cent from the 6th year onward. Interested organisations will be granted a 10-year license, with a mandatory requirement to operate for at least five years.
Need for a clear policy on wiretapping
Rights activists generally oppose the wiretapping of telecommunications. However, some accept limited wiretapping provisions when necessary for national security.
The primary concern, however, is that the broad scope of wiretapping under Bangladesh’s Telecommunications Act is often applied arbitrarily.
Commenting on the issue, BM Mainul Hossain, professor and director of the Institute of Information Technology at Dhaka University, told Prothom Alo that if wiretapping provisions are to remain, there must be a clear policy governing their implementation.
He emphasised that public dissatisfaction regarding wiretapping stems from a lack of transparency. Without specific guidelines outlining how wiretapping will be conducted, who will be authorised to carry it out, and who will be held accountable, the process will continue to operate without oversight.
Mainul Hossain further stated that the expectation from the current government is that wiretapping should be lawful, transparent, and accountable.
He also noted that if bandwidth is sourced from domestic International Internet Gateways (IIGs), the government will have the authority to shut down the internet under existing laws.
He stressed that the government must clarify its stance on internet shutdowns.