A High Court bench yesterday stayed telecom regulator’s notice for auctioning 4G spectrum and inviting applications for licences, but the chamber court of the Appellate Division later in the day stayed the HC order paving the way for 4G spectrum auction for Bangladesh Telecommunication and Regulation Commission (BTRC). There is no legal bar for the BTRC to accept the applications relating to the fourth-generation or 4G spectrum licences from the authorities concerned following the chamber court order, lawyers opined.
In response to a writ petition, the High Court bench comprising Justice Naima Haider and Justice Zafar Ahmed stayed notice of BTRC seeking 4G licensing guidelines and invitation of application for auction of 4G spectrum. It also issued a rule asking the government to explain why the notice and the 2008 policy should not be declared illegal.
The HC bench came up with the order and rule following a writ petition filed by private company Banglalion Communication Limited challenging the legality of the BTRC notice saying that the regulator’s notice contradicts the 2008 broadband guidelines.
Advocate Ramzan Ali Shikdar, counsel for the petitioner, told reporters that the BTRC notice is contradictory with the 2008 broadband guidelines. Secretary of Posts and Telecommunications Division and chairman of the BTRC have been respondents in the petition to reply to the rule. However, the chamber court of the Appellate Division Justice Syed Mahmud Hossain stayed the High Court order following a state moved for staying the operation of the HC order.
The chamber judge also sent the matter to the full bench of the Appellate Division and fixed next Sunday for hearing on the state appeal.
Last year on December 4, a special commission of BTRC decided to publish two guidelines and invite for application of 4G licence. The BTRC in its official website on the same day published a notice saying it will auction 4G spectrum on February 13 and accept applications for licences until January 14 from telecom operators to offer the 4G services. In May last year, BTRC forwarded the draft of the spectrum allocation and licensing guidelines to the Telecom Division.
They were sent back to the regulator on November 29 following the final approval by the Prime Minister’s Office.
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Editor : M. Shamsur Rahman
Published by the Editor on behalf of Independent Publications Limited at Media Printers, 446/H, Tejgaon I/A, Dhaka-1215.
Editorial, News & Commercial Offices : Beximco Media Complex, 149-150 Tejgaon I/A, Dhaka-1208, Bangladesh. GPO Box No. 934, Dhaka-1000.
Editor : M. Shamsur Rahman
Published by the Editor on behalf of Independent Publications Limited at Media Printers, 446/H, Tejgaon I/A, Dhaka-1215.
Editorial, News & Commercial Offices : Beximco Media Complex, 149-150 Tejgaon I/A, Dhaka-1208, Bangladesh. GPO Box No. 934, Dhaka-1000.