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