BTRC Bids for Broader Bureaucratic Freedom

BTRC Bids for Broader Bureaucratic Freedom
Aug 13, 2025 19:49
Aug 13, 2025 19:50

In a bid to regain its autonomous status, the Bangladesh Telecommunication Regulatory Commission (BTRC) has sent the draft of the Bangladesh Telecommunication Regulation (Amendment) Ordinance 2025 to the Posts and Telecommunications Division, aiming to repeal the Bangladesh Telecommunication (Amendment) Act 2010.

The proposed draft omits the requirement for prior government approval for licensing, renewal, transfer, suspension, and cancellation, instead granting the Commission full authority to exercise these powers independently. It also outlines procedural mechanisms to balance the Commission’s independence with accountability.

If approved, the ordinance is expected to reduce administrative delays, bolster investor confidence, and bring greater policy independence. It further proposes recognizing internet service as a basic right, while setting clear provisions to balance the roles, powers, and operating procedures of law enforcement agencies with security needs, privacy concerns, and the uninterrupted flow of internet access.

The approval-seeking letter for the draft states: “The amendments to the Bangladesh Telecommunication Act 2010 have seriously curtailed the independence of BTRC.” It argues that the existing law has created “undesirable bureaucratic complications, delays, and opportunities for bias.” The new ordinance also incorporates provisions from the Personal Data Protection Act, Cyber Security Act, Data Governance and Interoperability Act, National AI Policy, Telecommunication Licensing Policy, and policies on mailing, e-commerce, and courier services.

In a letter dated August 12, Tuesday, BTRC’s Director General (Legal Division) Ashish Kumar Kundu outlined the rationale for the changes in five sections addressed to the Secretary of the Posts and Telecommunications Division.

Among the proposals, Section 97 of the principal act would be restructured to enshrine the internet as a human right, with Section 97A to be reconstituted in consultation with the Ministry of Home Affairs and security authorities. The draft also proposes that, to prevent the misuse of telecommunication services, security agencies be granted indirect interception powers under “quasi or passive judicial acknowledgment” through a designated gateway agency in compliance with international standards on National Telecommunication Monitoring Centre (NTMC) matters.

Additionally, the ordinance includes provisions for securing telecommunication infrastructure, optimizing government resources through spectrum sharing, trading, leasing, and refarming, and introducing definitions and regulations for OTT, content, and other digital services.

To strengthen government revenue collection and prevent tax evasion, the draft introduces Section 26(3), empowering BTRC to freeze the accounts of individuals and entities via Bangladesh Bank to recover outstanding dues.