Spectrum Standoff Stalls Telecom Progress

Despite high demand for the 700 MHz band, the Bangladesh Telecommunication Regulatory Commission (BTRC) has been unable to allocate the 45 MHz of spectrum available in this frequency range for over a decade, due to prolonged legal complications. As a result, the government has reportedly lost an estimated BDT 12,700 crore in potential revenue.

Investigations reveal that on March 21, 2007, an internet service provider (ISP) named Always On Network was granted 12 MHz of this spectrum for free. Although the network has left the spectrum “off” and currently holds only 5 MHz, the company is now demanding BDT 800 crore in compensation from the regulator in exchange for releasing the unused frequencies. In October 2020, the ISP sent a letter to BTRC requesting this amount as reparation for spectrum cancellation.

Despite not utilizing the spectrum, Always On Network has held onto the critical national resource, dragging the matter into legal entanglement. The case is now pending before the Supreme Court.

Court proceedings have seen repeated delays. Sources say the case, initially placed at number 35 on the hearing list, gradually moved backward—to number 29, then 65, and eventually beyond 200—before being dropped from the list altogether. As of April this year, the case’s position oscillated between numbers 1 and 40, but no hearing has yet taken place.

In light of the prolonged deadlock, on March 16, then-acting BTRC Chairman Md. Abu Bakar Siddique wrote to several key figures, including Prime Advisor's Special Assistant Faiz Ahmad Taiyeb, the Attorney General of the Supreme Court, the Law and Justice Division Secretary, and the Telecom Secretary. In response, the issue recently drew the attention of Interim Government Law Advisor Dr. Asif Nazrul and Additional Attorney General Barrister Anik R Haque.

Still, whether the dispute will be resolved this week remains uncertain. The situation has raised alarm among telecom industry stakeholders, who view it as highly unusual and concerning.

Sources indicate that when BTRC initially allocated the spectrum to Always On Network, the 700 MHz band was not used for cellular mobile services, nor did the International Telecommunication Union (ITU) have an established allocation plan for the band. Although the assignment followed the FCC plan, it lacked ITU approval. Eventually, only 5 MHz was allocated instead of 12 MHz due to ITU’s radio regulations. On December 14, 2014, BTRC cancelled the spectrum allocation citing national interest. The ISP challenged the decision in court, and on January 19, 2023, BTRC lost the case. An appeal followed.

BTRC maintains that “spectrum reallocation is standard practice in many countries.” Bangladesh itself set a precedent in 2020 by reclaiming spectrum from several ISPs and reallocating it for 5G services.

Senior officials at the regulator note that the ISP in question has no operational radio network or customers, and that compatible equipment for ISP services on the 700 MHz band is no longer available in the global market. The World Radiocommunication Conference (WRC-2007) reclassified the band for International Mobile Telecommunications (IMT), and Asia-Pacific Telecommunity (APT) later developed a band plan accordingly.

BTRC argues that the ISP is misinterpreting ITU policies. According to the regulator, while ITU requires protection for incumbent users, this applies to cross-border spectrum use, not to domestic reallocation.

When contacted, Dr. Riaz Shahed, head of Always On Network Bangladesh, asked the reporter for identification before replying via WhatsApp, “The matter is sub judice and currently under the court's jurisdiction. It would be inappropriate for either of us to comment on a pending case.”