The imposition of MCF while calculating the spectrum assignment fee is completely a separate issue done in pursuance to the section 55(3) of the Bangladesh Telecommunication Act, 2001-having no relevance with regard to the Cellular Mobile Phone Operator license of the petitioner company. The concept of MCF was introduced in the guidelines, 2011 by the BTRC by virtue of its power under section 55(3) of the Act, 2001. The issue of MCF is entirely related to the issue of spectrum/ frequency as dealt in section 55 of the BT Act, 2001. As such, it has no nexus in respect of the cellular mobile phone operators. ...Orascom Telecom Bangladesh Ltd Vs. BTRC & ors, (Civil), 7 SCOB [2016] HCD 115
The issue of applicability of VAT and/or liability of the petitioner company to pay the VAT has no relation whatsoever with regard to the payment of license renewal fee and spectrum assignment fee. The petitioner company is bound to pay the net amount of the license renewal fee fixed by BTRC, without any kind of deduction. ...Orascom Telecom Bangladesh Ltd Vs. BTRC & ors, (Civil), 7 SCOB [2016] HCD 115 ....View Full Judgment

Authority of Bangladesh Telecommunication Regulatory Commission (BTRC) in granting license: What we have seen in the instant case that from the very beginning though the respondent No. 3 (Bangladesh Telecommunication Regulatory Commission (BTRC)) tried its best to do the needful for obtaining clearance from the three agencies, two of which had already given their clearance but the added respondent No. 4, Ministry of Home Affairs did not accord any clearance though there was repeated request by the respondent No. 3. There is no denying that respondent No. 3 had all along the good intention in this regard....On a plain reading of the laws we have found that respondent No. 3 was absolutely in a position to take a decision in the matter in question. …Spice Television Private Ltd Vs. Bangladesh & ors, (Civil), 16 SCOB [2022] HCD 1
Criteria to satisfy a claim of the legitimate expectation: Moreover, this particular case is also guided by the principle of reasonableness so far legitimate expectation is concerned. We unequivocally and respectfully agree with the decision of Dhaka City Corporation vs. Firoza Begum 65 DLR AD 145 where our Appellate Division set up 12 criteria to satisfy a claim of the legitimate expectation. In the case in hand, as we have found that out of those criteria, (iv) and (v) shall apply. Criteria No. (iv) says : “ An expectation to be legitimate must be founded upon a promise or practice by the public authority that is said to be bound to fulfill the expectation and a Minister cannot found an expectation that an independent officer will act in a particular way or an election promise made by a shadow Minister does not bind the responsible Minister after the change of the government.” Criteria No. (v) says : “ A person basing his claim on the doctrine of legitimate expectation has to satisfy that he relied on the representation of the authority and the denial of that expectation would work to his detriment. The court can interfere only if the decision taken by the authority is found to be arbitrary, unreasonable or in gross abuse of power or in violation of the principles of natural justice and not taken in public interest.” Therefore, considering the overall aspect it is our considered view that before the agog of wait ends in whimper on the part of the petitioner, the respondent No. 3 should immediately act in accordance with law in the manner as mentioned above by taking appropriate steps. …Spice Television Private Ltd Vs. Bangladesh & ors, (Civil), 16 SCOB [2022] HCD 1 ....View Full Judgment

It is our finding further that section 65 in its entirety is the corridor within the statutory scheme through which the sanctity of the section 63 penal sanction must be gauged. Consequentially, any failure to trigger section 65 or any of its components necessarily leads to a statutory infraction resulting in a more fundamental constitutional infraction. ...Grameenphone Limited Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) & ors., (Civil), 14 SCOB [2020] HCD 1 ....View Full Judgment

If the section 65 provisions are to be obliterated or to be considered a dead letter of the law one is necessarily at a loss to find other statutory mechanisms that may be called upon for due implementation of section 63. Furthermore, it is our unqualified view that the power to charge an administrative fine to a maximum of Tk. 300 Crore must always have an in-built mechanism of fair play. Otherwise one is visited with a scenario of administrative anarchy resulting from an exercise of unfettered discretion. ...Grameenphone Limited Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) & ors., (Civil), 14 SCOB [2020] HCD 1 ....View Full Judgment