Hearing delayed for ‘invisible’ reasons, auction of 700 MHz band stuck

The auction of the 700 MHz spectrum band is stuck due to prolonged litigation, preventing the Bangladesh Telecommunication Regulatory Commission (BTRC) from proceeding.

According to the Telecommunication Division and BTRC, the hearing in the ongoing case with an ISP named Always On Network has been repeatedly delayed for what they describe as "invisible" reasons. Meanwhile, mobile operators claim that to auction the full 45 MHz of this band, BTRC must first win the case.

BTRC states that this time, the case is listed as number 30. If it isn’t delayed again, a hearing is expected this Sunday.

Major General (Retd) Md. Emdad Ul Bari, Chairman of BTRC, said, “The hearing has been delayed repeatedly for some invisible reason. It’s quite strange.”

He mentioned that he personally discussed the issue with the Attorney General to ensure the hearing is held promptly.

He added that if the verdict is in their favor, BTRC would be able to conduct the auction for the full 45 MHz within two months. All necessary preparations have already been made.

Fayez Ahmad Tayyab, Special Assistant to the Chief Adviser in charge of the Ministry of Posts, Telecommunications and Information Technology, said, “It’s unclear who or what is causing the repeated delays in the hearing.”

He noted that nearly four months ago, he had discussed the matter with the interim government’s legal adviser Dr. Asif Nazrul and later with Additional Attorney General Barrister Anik R. Haque. Yet, the issue seemed to make no progress. He has since taken renewed initiative and is hopeful that the hearing will take place soon.

Senior BTRC officials said the case was initially listed as number 35, but only hearings up to case 29 took place. Later, it was pushed to 45 and didn’t reach hearing again. It then moved further down to 65, then past 100, and even beyond 200—eventually disappearing from the list altogether.

Earlier, due to the delay in the case, BTRC had planned to exclude 20 MHz and auction the remaining 25 MHz from the 700 MHz band. But mobile operators showed little interest, prompting BTRC to decide on auctioning the full 45 MHz instead.

The Dispute with Always On Network:

On March 21, 2007, BTRC allocated spectrum in the 700 MHz band (704–710 MHz and 734–740 MHz) to Always On Network Bangladesh Ltd., an ISP. At that time, the International Telecommunication Union (ITU) had not designated this band for International Mobile Telecommunications (IMT). The allocation followed the model of the U.S. Federal Communications Commission.

Later that same year, in November 2007, the World Radiocommunication Conference (WRC-2007) designated this spectrum for IMT, and the Asia-Pacific Telecommunity (APT) developed its band plan accordingly. It was found that the spectrum allocated to Always On Network—704–710 and 734–740 MHz—falls awkwardly in the middle of ITU’s designated 703–748 and 758–803 MHz range, causing a mismatch.

Due to a lack of wireless internet service or subscribers, BTRC cancelled the company's spectrum allocation on February 14, 2014. The company challenged the decision in court and won, prompting BTRC to appeal.

Until the case is resolved, BTRC is unable to auction the 20 MHz portion within the 45 MHz range of the 700 MHz band.

The prolonged legal battle over the Always On Network spectrum, coupled with questions over how BTRC has managed the litigation, has raised concerns about negligence and potential collusion by legal representatives at the time.

BTRC argues that the original spectrum allocation included a clause giving it the authority to make necessary decisions. Moreover, the 700 MHz band is considered crucial for expanding high-speed mobile broadband to rural and remote areas and ensuring digital inclusivity. Despite being given this valuable national resource free of cost, Always On Network failed to deliver the promised services.