Telecommunications Laws and Regulations in Bangladesh

The Telegraph Act of 1885 is the primary statute governing telecommunications in Bangladesh. This Act granted exclusive powers to the Government to establish and maintain all manner of telecommunications transmission services and products. The Telegraph Act established other broad privileges and powers of the Government with respect to telecommunications, including the right to grant or revoke licenses to private parties; seize licensed facilities and intercept messages in the event of public emergencies; issue rules governing the operations of Government or private licensed facilities; and exercise power of compulsory acquisition over public and private property. The Telegraph Act also laid down specific penalties for a variety of offenses, including the illegal operations of facilities; unlawful interception of messages; interference or damage to facilities; theft of transmission lines; annoyance or intimidation through the use of telecommunications facilities; bribery and other misconduct by telegraph officers; and transmission of fraudulent or obscene messages.

The Wireless Telegraph Act of 1933 applied primarily to one-way or broadcast services, specifically radio and television (other one-way telecommunications services, such as paging, are authorized under the Telegraph Act). Under Section 3 of the Act, possession of wireless apparatus is prohibited, except under the terms of a license. The Wireless Telegraph Act governs the granting of licenses to manufacturers and retailers involved in the sale of radio equipment, as well as the licensing of radio and television receivers. Magisterial powers to summons are granted to certain officials. Finally, the Government is authorized to issue regulations to implement the provisions of the Act.

The Bangladesh Telegraph and Telephone Board Ordinance of 1979. By virtue of the 1979 Ordinance, both the monopoly rights and the power to issue licenses, for both telecommunications and wireless services, were transferred to BTTB. Section 8 sets out the functions of the Board in very wide terms, including exercise of all powers of the Government under the Telegraph Act 1885, except to make rules under the Act and to determine certain disputes with a local authority. The powers of BTTB are in practice severely circumscribed by the need to obtain Government approval under Section 8(i) and the First Schedule of the Ordinance for its capital and revenue budget, and for many changes in the employment conditions of its workers.

The Bangladesh Telegraph and Telephone Board (Amendment) Act 1995. Through this amendment, BTTB can establish, maintain, and operate, telegraphs and telephones in any part of Bangladesh. Earlier, through separate contracts, BTTB granted exclusive rights to one private operator to provide basic telephone service in the rural areas of Bangladesh for 30 years, and to another private operator, exclusive right was given for five years to provide services for radio trunking, cellular radio telephony (fixed and mobile), river radio telecommunication and paging for the entire area of Bangladesh. However, under the amendment, the following functions were deleted:

• exclusive privilege regarding telegraphs and power to grant licenses,
• power to make rules for the conduct of telegraphs,
• revocation of licenses,
• power to confer upon licenses powers of telegraph authority under Telegraph Act 1885.

Source: ADB, 1997, p. 38

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