Clause-5
|
Clause-5 of the Assignment Letter dated 30.10.2008 as well as
Clause-12(viii) of the Guidelines, 2011:
MCF based on the market shares of the operators is a worldwide system
through which the mobile phone operators pay a significant amount of money
for the spectrum allocated infavour of them and this system ensures a level
playing field amongst the operators. And since the concept of MCF
introduced by the Guidelines, 2011, BTRC by the impugned memo did not claim
spectrum assignment fees based on MCF retrospectively i.e. from 2008 to
2011. It is pertinent to mention here that Clause-5 of the Assignment
Letter dated 30.10.2008 as well as Clause-12(viii) of the Guidelines, 2011
authorize the authority concern i.e. BTRC to reserves the right to make any
change in the charges or levies from time to time and the mobile phone
operators shall abide by such decision. Again, upon the facts and
circumstances of this case, we found that BTRC did not claim any additional
charge for the said spectrum of 7.4 MHz-GSM 1800 frequency band as assigned
infavour of Grameenphone in 2008 rather BTRC claiming MCF for the remaining
15 years from 2011 upon a value of Tk.80 crores per MHz which is fixed in
the year 2008. Thus, we find substance in the contentions of the appellant
BTRC in Civil Appeal No.137 of 2012. As such findings and observations of
the High Court Division that “The impugned memo dated 17.10.2011
(Annexure-‘I’), in so far as the application of MCF to the assignment
of spectrum of 2008 is concerned, is without lawful authority and
accordingly, the petitioner Grameenphone is not required to payment the MCF
for the 7.4 spectrum in 1800-MHz assigned to infavour in 2008” is based
on wrong appreciation of the impugned memo and thus liable to be expunged.
.....Grameenphone Ltd & ors Vs. BTRC & Ors, (Civil), 19 SCOB [2024] AD 96
It may be mentioned here that spectrum is a scarce natural resource.
.....Grameenphone Ltd & ors Vs. BTRC & Ors, (Civil), 19 SCOB [2024] AD 96
....View Full Judgment
|
Grameenphone Ltd & ors Vs. BTRC & Ors |
19 SCOB [2024] AD 96 |