‘Ploy’ to realise Tk800cr puts BTRC in trouble

An Internet Service Provider (ISP) is allegedly attempting to extract Tk 8oo crore by ‘strategically’ holding on to spectrum it received for free.

The ISP, named Always On Network, got the spectrum free of charge in 2007 and is now demanding Tk 800 crore to release it.

In the context of eliminating digital divide in the country, delivering high-speed mobile broadband to rural and remote areas, preparing for future 5G needs, and generating significant government revenue, this 700-band spectrum is now of national interest. About a decade ago, BTRC offered this ISP the necessary spectrum from an alternative 5 GHz band, but they did not respond.

In the interest of the state, BTRC cancelled the allocation of the 700 MHz band spectrum to the ISP on December 14, 2014. The ISP filed a writ petition against the cancellation. On January 19, 2023, BTRC lost the case. Afterwards, the regulatory body appealed.

BTRC states that in many countries, spectrum reallocation is a normal process. There are precedents in Bangladesh too — for example, in 2020, spectrum was reclaimed from several ISPs and allocated for 5G services.

According to senior BTRC officials, this ISP has no radio network or customers. Equipment for ISP service in the 700 MHz band is no longer available in the global market. In November 2007, the World Radiocommunication Conference (WRC-2007) designated this spectrum for International Mobile Telecommunications (IMT), and later the Asia-Pacific Telecommunity (APT) developed a plan for this band.

BTRC claims that the ISP is misinterpreting the policy of the International Telecommunication Union (ITU), a specialised agency of the United Nations. According to ITU policy, preserving the rights of existing users is mandatory, but this applies to interstate spectrum use, not to national-level spectrum reallocation.

Years pass, no hearing
Officials of the Post and Telecommunication Division and BTRC state that for ‘invisible’ reasons, the hearing of the ongoing case between BTRC and Always On Network keeps getting postponed.

They noted that initially the case was listed at number 35, and hearings proceeded up to number 29. Then the case was pushed to number 45 but was not heard. Afterwards it was moved to 65, then over 100, over 200. At one point, it dropped off the list entirely.

As recently as this April, it hovered between number 1 and 40 on the list, but was never heard.

BTRC Chairman Major General (retd) Md Emdad Ul Bari said, “For an invisible reason, the hearing of this case keeps getting delayed. It’s bizarre.”

He mentioned that he personally discussed the matter with the Attorney General to ensure the hearing takes place promptly.

Fayez Ahmed Tayeb, special assistant to the Chief Adviser in charge of the Ministry of Posts, Telecommunications and Information Technology, said, “Someone or others are repeatedly postponing this hearing.”

He mentioned discussing the issue with Interim Government Law Adviser Dr Asif Nazrul about four months ago. He had also spoken with Additional Attorney General Barrister Anik R Haque.

He informed that he had spoken to top authorities again about this hearing last week.

Tk800cr settlement proposal to BTRC
In October 2020, Always On Network sent a letter to BTRC demanding Tk 800 crore in compensation for the cancellation of their spectrum. BTRC expressed astonishment at the ISP’s action.

The regulatory body and relevant parties said even if the ISP had network equipment or services in 2014 when the spectrum was cancelled, a demand of ‘Tk 800 crore compensation’ based on the company’s category is unbelievable.

“To import equipment, they would have needed clearance from BTRC; for setting up BTS or any service, BTRC’s approval is required for everything. They must prove what equipment they brought in, what services they were providing, whether they truly incurred losses,” said a senior BTRC official.

How the complication developed
On March 21, 2007, Always On Network Bangladesh Limited was allocated 704–710 and 734–740 MHz spectrum in the 700 MHz band. At that time, there was no ITU plan for IMT (International Mobile Telecommunications) in that band. The allocation to Always On Network was made based on the US Federal Communications Commission’s plan.

Later, in November 2007, the World Radiocommunication Conference (WRC-2007) designated this spectrum for IMT, and the Asia-Pacific Telecommunity (APT) developed its plan. It was found that the 704–710 and 734–740 MHz spectrum allocated to Always On Network lies in between the ITU plan’s 703–748 and 758–803 ranges, specifically in the middle of the 703–748 band.

Now, according to mobile operators, to auction the full 45 MHz spectrum in this band, the 20 MHz held up by the ISP will be needed.