Telecom Turnaround: Ministry Directs BTRC to Recognize Internet as a Fundamental Right
The Ministry of Posts and Telecommunications has issued nine key directives to the Chairman of the Bangladesh Telecommunication Regulatory Commission (BTRC) aimed at repealing the Bangladesh Telecommunication (Amendment) Act, 2010 and initiating a complete reform of the country's telecom legislation. Central to these directives is the recognition of internet access as a fundamental right for citizens.
The directives, sent on July 28 by Senior Assistant Secretary Mohammad Shahidullah on behalf of the Prime Minister’s Special Assistant, outline amendments to the Telecommunications Act of 2001 to ensure that neither government nor private entities can arbitrarily suspend internet services.
The ministry emphasized the need to strike a balance between BTRC’s operational independence and accountability, calling for international standards in surveillance practices. While suggesting the introduction of global Key Performance Indicators (KPIs) to ensure quality telecom services, the ministry also recommended amending clauses that instill unnecessary fear among investors.
Industry insiders believe that if implemented, these reforms will help eliminate undue state and corporate control over internet access and pave the way for legally enshrining digital connectivity as a basic right. A consumer rights activist, requesting anonymity, commented: “Large corporations with political backing are often complicit in internet shutdowns. These reforms could finally put an end to that, establishing true sovereignty in telecom services.”
The directive begins by focusing on sealing off legal avenues to internet shutdowns and calls for clear guidelines on licensing, renewals, name changes, and share transfers. It also instructs BTRC to minimize the requirement of prior approvals from the ministry in revenue collection and leak prevention while maintaining transparency in recruitment practices.
The letter stresses the importance of aligning BTRC’s independence with the government’s Rules of Business and Allocation of Business frameworks. It clarifies that while the ministry’s prior consent is relevant in matters involving its mandated responsibilities and affiliated institutions, it must be removed in areas such as tariff determination.
Additionally, the directive mandates that all licensing processes include coverage and capacity provisions. It calls for strict obligations when approving new licenses, share transfers, name changes, or acquisitions. Renewal of licenses must include provisions like mandatory migration to IPv6.
The directive also recommends revising laws to give BTRC full autonomy, except in areas directly involving the ministry’s six telecom companies and their licensing interests, where prior approval will still be required.
On the issue of consumer protection, the directive calls for alignment among key regulatory instruments, including the Personal Data Protection Act, Cyber Security Act, Data Governance and Interoperability Act, National AI Policy, Telecommunication Licensing Policies, and e-Commerce and Courier Service Policies.
Crucially, it also addresses surveillance, advising adherence to international norms and referencing concerns over the legal basis of the National Telecommunication Monitoring Center (NTMC). The directive notes: “A framework must be created for lawful interception, ensuring a quasi or passive judicial acknowledgment, with a single gateway agency coordinating legal surveillance by other authorized bodies.”
Lastly, the directive calls for updates to classify telecom-related offenses—both civil and criminal—within the current legal framework.
Sources indicate that BTRC has already been working on a draft telecom law in recent weeks, and in light of these instructions, a revised draft may be submitted as early as next month.
