HC questions legality of 9 clauses of telecom licensing policy

The High Court has issued a rule questioning why nine clauses of the 'Telecommunications Network and Licensing Policy, 2025' should not be declared illegal.

A High Court bench comprising Justice Habibul Gani and Justice Syed Mohammad Tajrul Hossain issued the rule on Sunday, May 17, following a hearing on a writ petition filed in the public interest. Lawyer Sana Ullah Nur represented the petitioner.

The rule has asked the Secretary of the Posts, Telecommunications and Information Technology Division, the Secretary of the Ministry of Law, the Chairman of BTRC, and the Deputy Secretary (Company-1) of the Posts, Telecommunications and Information Technology Division to respond within four weeks.

The rule seeks to know why clauses 7.2.6, 7.2.11.1, 7.2.11.2, 7.7.1.2, 7.7.11, 7.7.12.1, 7.7.12.2, and 11.1 of the policy, gazetted on September 18, 2025, should not be declared unconstitutional.

The writ petition expressed concern that Bangladesh's internet sector has seen significant progress and expansion of digital services under the current multi-layer licensing system, but the new policy could put that existing framework at risk.

The petition also stated that the new policy gives special privileges to foreign companies and mobile network operators, which is discriminatory towards local infrastructure-based companies. This could harm local entrepreneurs and negatively impact employment and the economy.

Barrister Sana Ullah Nur told Views Bangladesh that affordable digital services have become a vital part of people's lives and livelihoods. However, if the new policy is implemented, market competition may decrease and internet service prices may rise, potentially harming citizens' standard of living and economic rights.