A draft of the Bangladesh Telecommunication Regulation (Amendment) Ordinance 2025 has been prepared, incorporating provisions to ensure international standards on lawful interception.
It also contains a clause empowering the regulator to freeze accounts of individuals or institutions through the Bangladesh Bank to recover outstanding dues and prevent misuse of telecommunication services.
The Bangladesh Telecommunication Regulatory Commission (BTRC) submitted the draft ordinance to the Posts and Telecommunications Division on Tuesday (12 August).
If enacted, the ordinance will repeal the Bangladesh Telecommunication (Amendment) Act 2010 and restore BTRC’s independence, eliminating the requirement to seek approval from the division before making significant decisions.
In a letter to the division’s secretary, BTRC stated that telecommunications is integral to e-governance and digital service development. Providing modern, efficient, secure, and affordable services amid rapidly evolving technologies is one of its key responsibilities.
BTRC stressed the importance of balancing independence with accountability to ensure fair competition and equitable resource distribution among public and private stakeholders.
It noted that the 2010 amendment undermined the regulator’s autonomy and created scope for bureaucratic delays, bias, and inefficiencies — obstacles to fair competition and an investment-friendly environment.
The regulator also warned that separate regulatory policies for the six state-run telecom operators would conflict with a non-discriminatory market system.
BTRC argued that repealing the 2010 law and introducing a transparent and up-to-date framework is essential in this context. The draft ordinance was prepared in line with government directives, considering the Personal Data Protection Act, Cyber Security Act, Data Governance and Interoperability Act, National AI Policy, telecommunications licensing rules, mailing, e-commerce, and courier service policies.
Addressing lawful interception, BTRC said that telecommunications, including internet access, is globally recognised as a fundamental human right, which must not be curtailed arbitrarily. It proposed replacing Section 97 with a new provision to safeguard this right while introducing international standards on lawful interception.
This includes recognising the National Telecommunication Monitoring Centre (NTMC), designating only one agency as the interception gateway, and allowing quasi- or passive judicial engagement for other agencies, in line with global practice.
As lawful interception is tied to national security and law enforcement, BTRC suggested that Section 97(A) could be restructured in consultation with the Ministry of Home Affairs and relevant security authorities.
Explicit provisions should then be introduced to balance authority, security, and individual privacy, while clearly defining the responsibilities, powers, and procedures for all parties involved.
The letter further emphasised that balancing independence and accountability requires integrated measures. To regulate the sector effectively, BTRC must have the authority to issue, renew, transfer, suspend, and cancel licences independently, as already granted under the original BTRA Act of 2001. Requiring prior government approval, it argued, is contradictory.
At the same time, accountability mechanisms remain in place. The government determines the appointment of BTRC commissioners and their terms of service under Section 9 of the Act, while the recruitment of other officers and staff is governed by government-approved regulations.
Under Sections 27–28, annual accounts and financial statements must be audited by firms registered under the Bangladesh Chartered Accountants Order 1973 and submitted to Parliament via the ministry.
As a statutory government body under the Comptroller and Auditor General (Additional Functions) Act 1974, BTRC is also under the jurisdiction of the Comptroller and Auditor General. The Parliamentary Standing Committee on Posts, Telecommunications and Information Technology or a similar expert body could carry out additional oversight.
Section 30 of the draft proposes assigning BTRC responsibility for innovation, research, pilot operations, and rulemaking for new technologies to keep pace with technological progress. It also calls for stronger infrastructure security and more efficient use of limited resources through spectrum sharing, trading, leasing, and re-farming.
The draft also acknowledges the growing role of OTT services, digital content, and online platforms in communication, entertainment, business, and information management. It introduces definitions for OTT, content, and digital services and proposes regulations for their governance.
However, given the fast pace of technological change, it said that issues such as migration from IPv4 to IPv6, quality of service, and licensing would be better managed through guidelines, orders, and directives rather than rigid law.
On licensing and services, the draft affirms BTRC’s authority to impose administrative fines, file PDR (Public Demand Recovery) cases for civil issues, defend against lawsuits filed by operators, and initiate criminal proceedings when necessary, as already outlined in existing provisions.
Finally, the draft proposes a new Section 26(3), enabling BTRC to prevent revenue leakage and secure government revenue collection by freezing the accounts of relevant individuals or institutions through the Bangladesh Bank, alongside other measures to recover dues.
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