Download No other entity except the VASP is eligible to provide Telecom VAS

GUIDELINES FOR TELECOM VALUE ADDED SERVICES,2016
Table of Contents
1.
INTRODUCTION ................................................................................................................................ 2
2.
TITLE, APPLICATION AND COMMENCEMENT .......................................................................... 3
3.
OBJECTIVES ....................................................................................................................................... 3
4.
DEFINITIONS AND INTERPRETATIONS ....................................................................................... 4
5.
GENERAL REQUIREMENTSFOR VASP LICENSE ........................................................................ 4
6.
ELIGIBILITYFOR OBTAINING LICENSE ....................................................................................... 5
7.
DISQUALIFICATIONS FOR OBTAINING LICENSE...................................................................... 5
8.
GUIDESINES FOR VASP ................................................................................................................... 6
9.
LICENSEPROCEDURE ...................................................................................................................... 7
10.
COMMENCEMENT, DURATION AND RENEWAL OF THE LICENSE ................................... 7
11.
FEES AND CHARGES .................................................................................................................... 7
12.
DOCUMENTS TO BE SUBMITTED WITH APPLICATION FOR LICENSE ............................. 8
13.
OBLIGATIONS OF THE VASP ...................................................................................................... 9
14.
CUSTOMERS’ RIGHT PROTECTION ........................................................................................ 10
15.
QUALITY OF SERVICE (QoS) & GRADE OF SERVICE (GoS) ............................................... 11
16.
MONITORING ON NATIONAL INTEREST ............................................................................... 11
17.
CANCELLATION AND SUSPENSION OF LICENSE AND FINES .......................................... 11
18.
ACCOUNTING SYSTEM ............................................................................................................. 12
19.
VAS BY ANY OPERATOR OTHER THAN THE VASP ............................................................ 12
20.
INTELLECTUAL PROPERTY RIGHTS (IPR) ............................................................................ 13
21.
MISCELLANEOUS ....................................................................................................................... 13
SCHEDULE-1 ............................................................................................................................................ 15
1
GUIDELINESFOR
TELECOM VALUE ADDED SERVICES (VAS)
1. INTRODUCTION
1.1
Traditionally Value Added Services (VAS) have been defined as enhanced services, which add
value to the standard or core tele-services offering like voice calls and fax transmission. Typical
examples of value added services include call related services such as call waiting, call
forwarding, multiparty conferencing, voice mail, other services like email, Short Messaging
Services (SMS), Multimedia Messaging Services (MMS) etc. However, currently various
Application Services (AS) are also being provided through telecommunications network. While
services like SMS, MMS on mobile phones, and data access and call related services both on
wire line and wireless were usually considered value added services, but in recent years SMS,
MMS, call related services and data access have more and more become standard services.
Many more applications and services are being offered on telephone and these services
continue to evolve with changing technologies. However, the term VAS continues to be used
for all kinds of applications being offered through telecommunications network. Since most of
the services offered pertain to content or application services, the term VAS needs to include all
kinds of content and applications provided on telecommunications network apart from
traditional value added services.
1.2
With the growing number of mobile subscribers, any successful new service can generate
significant additional Average Revenue Per User (ARPU). In such a scenario, value added
services (VASs) could create a big boon to the field of telecommunications. VAS is one of the
main areas driving additional growth of the market with the introduction of new products.
VASs could be the major source of revenue for mobile network operators as well as for Public
Switched Telephone Network (PSTN) operators in Telecommunication sector. However, still
these phones are mainly used for basic services, though the technology and the existing
infrastructure can be utilized beyond the basic services for different non-voice value added and
data related services. Presently, value added services like SMS, Ringtones, Caller Ring Back
Tones (CRBT) and some mobile financial services constitute some revenue for the mobile
telecom operators. Nevertheless, in different countries, both developed and developing, it has
been observed that after the early phase of telecommunication growth, the non-voice services
have become the major driver for growth in the sector. There are innumerable application
services like gaming, video and audio streaming, stock quotes, news, cricket updates, televoting, chatting, etc. that are becoming popular. Each service differs in content, cost and
demand and is customized for different segment of consumers. With the introduction of 3G and
Broadband Wireless Access (BWA) services the scenario is going to change in a big way as
high bandwidth multimedia content services, mobile TV, online gaming and utility applications
like e-governance, e-commerce, e-education, e-health will push the demand for application
services as well as innovations in application services products offering.
1.3
A typical value chain in the VAS industry encompasses Content Providers/ Content
Developers, Content Aggregators, Technology Enablers, and Telecom Service Providers (TSP).
Each of the four main players of VAS has their own major role to play in the industry in order
2
to provide complete VAS solutions to customers. The Content Aggregator aggregates contents
and applications of Content Providers/ Content Developers (or smaller boutiques) and distribute
an application adapted to suit the customer’s needs while also managing quality control, billing,
and accounting for the aggregated contents and applications. The Technology Enabler provides
a platform to the aggregator, if required, that connects the Aggregator’s platform to the TSP.
The Technology Enabler’s platform manage and maintain the integration of diverse
applications, reconciliation of accounts, and also provide billing data, which is passed on to the
TSP. The revenue generated from application services is shared among Telecom Service
Providers, Technology Enablers, Aggregators and Content Owners, as applicable. The revenue
share is dependent on a number of factors such as the nature of technology, type of content,
demand from consumers etc.
1.4
Considering the enhanced prospect of Application Services due to rollout of 3G, also the
development of 4G and Long-term Evolution(LTE)services in the coming years, there is a need
to formulate a forward looking harmonized framework for ushering growth in all the segments
of Value Added Services such as content development, content aggregation, technology
platform etc. Well-developed guidelines will enable flow of investments in the VAS industry,
benefit consumers, promote entrepreneurship and at the same time create additional revenue
stream for all the players.
1.5
Having given due consideration to the principles of transparency, fairness, nondiscrimination
and all other relevant principles, the Guidelines on Value Added Services (VAS) are being
issued. These Guidelines, along with the terms and conditions of Licensing, should be read in
conjunction with the Act, any subsequent legislation, and prevalent laws or sector policies
framed by the Government, and other rules, regulations, orders, decisions, guidelines, directives
and documents of general application issued by the Government from time to time.
2. TITLE, APPLICATION AND COMMENCEMENT
2.1
These Guidelines shall be called the Guidelines for Telecom Value Added Services, 2016.
2.2
These Guidelines shall be applicable to Telecom VAS Provider (VASP) in processing, granting
and dealing with licensing, and in establishing, maintaining and providing telecommunications
related Value Added Services in Bangladesh.
2.3
These Guidelines shall come into effect from the date of their issuance by the Government in
the form of notification.
3. OBJECTIVES
These Guidelines have been formulated taking into account the objectives of the Government to
facilitate development of non-core services (of Open/Universal/Platform/Operator Independent)
beyond core services like standard voice calls and fax transmission (excluding IP based solution). The
non-core services may be such as roaming, services provided by Application Service Developer, SMS
contents, ring tones, wallpapers, games, java/software applications, software/application/service
gadgets, desktop/web applications, international connections[Removable User Identity Module
(RUIM)/ Subscriber Identity Module (SIM) etc.]distribution, domestic/international calling card
service, domestic/international recharge, interactive voice response (IVR), international toll free
3
number service(ITFS), local toll free number service (LTFS), MMS, RBT, e-services (i.e. egovernance, e-commerce, etc.), m-services (i.e. m-commerce, m-banking, m-web etc.), virtual phone,
services dealing with network Application Programming Interfaces(APIs) and all these contents,
content provisioning platform, equipment, systems, service delivery platform(SDP), content
management systems (CMS) and/or any other related service/content/applications approved by the
Government as used by telecom subscribers.
The objectives, in brief, are:
(i)
To provide Legal and Regulatory Framework for Telecom VAS;
(ii)
To provide user friendly and affordable Telecom VAS to the common people;
(iii) To encourage entry into the telecom industry by investors, which promotes competition and
guarantees better services to subscribers and additional revenue to operators;
(iv)
To provide impetus to local Telecommunication/ICT entrepreneurs to venture for diverse
telecommunication business;
(v)
To create a competitive market for the Telecom VASPs with level playing field;
(vi)
To promote software/application development entity and transfer of technology;
(vii) To enhance export of telecommunication based IT enabled services from Bangladesh and to
create market for those services at home too;
(viii) To ensure enhanced growth of data communication services in the Telecommunication/ICT
sector of Bangladesh; and
(ix)
To protect the right of the customers using VASs and maintain a congenial environment in this
market for unobstructed growth;
(x)
To ensure that customers are sufficiently informed of the nature, prices, terms and conditions of
VAS at the point of sale, from advertisements, and while using the services;
(xi)
To ensure non solicited messages and protect right to privacy of the subscribers, right to ‘opt
in’ and ‘opt out’ of a service;
(xii) To ensure that customers have easy access and unsubscribe mechanism for each VAS;
(xiii) To ensure that customers have a convenient, fair and efficient means of resolving complaints
arising in respect of VASs.
4. DEFINITIONS AND INTERPRETATIONS
The definitions and interpretations of the relevant terms, along with pertinent abbreviations, are
annexed herewith as Schedule-1.
5. GENERAL REQUIREMENTSFOR VASP LICENSE
5.1
The existing Access Providers will get VAS License upon application.
4
5.2
The License for VASP will be issued to applicant Technology Enabler, Content Aggregator and
Company fulfilling the eligibility criteria as per clause No. 6 along with any other criteria set by
the Government from time to time, and free from any disqualifications stated in clause No. 7.
5.3
All acts and omissions of an applicant for a license under these guidelines and those of a
licensee shall be subject to the laws of Bangladesh.
5.4
The following are the principal legal statutes governing the telecommunication industry in
Bangladesh:
(a)
The Bangladesh Telecommunication Regulation Act, 2001 (as amended).
(b)
The Wireless Telegraphy Act, 1933 and The Telegraph Act, 1885, for matters which are
not covered by the Bangladesh Telecommunication Regulation Act, 2001 (as amended).
(c)
The Bangladesh Telecommunication Regulatory Commission (Licensing Procedure)
Regulations, 2004 (as amended).
(d)
The Bangladesh Telecommunication
Regulations, 2004 (as amended).
(e)
Any Act of Parliament or Ordinance and the Regulation(s) made or to be made by the
Commission.
Regulatory
Commission
(Interconnection)
6. ELIGIBILITYFOR OBTAINING LICENSE
6.1
All existing Access Providers will be eligible for Telecom VAS PLicense.
6.2
The Technology Enabler, Content Aggregator and any Company registered with the Registrar
of Joint Stock Companies and Firms, Bangladesh will also be eligible for VASP License.
6.3
Any such entity shall not be eligible to apply for Telecom VASP License, if there are any
outstanding dues owed by its owner(s)/ shareholder director(s)/partner(s) to the Commission.
The entity shall be disqualified upon violation of any of the clause of these Guidelines and any
provisions of any law relating to telecommunications.
7. DISQUALIFICATIONS FOR OBTAINING LICENSE
7.1
An applicant shall be disqualified from obtaining License, if in case of any of its Owner(s)/
Shareholder Director(s) / Partner(s)(i)
he is an insane person;
(ii)
he has been sentenced by a Court under any law, other than the
Ordinance/Acts/Regulations stated in clause 5.4 of this Guidelines, to imprisonment for a
term of minimum 2 (two) years or more, and a period of 5 (five) years has not elapsed
since his release from such imprisonment;
(iii) he has been sentenced by any Court for committing of any offence under the
Ordinance/Acts/Regulations stated in clause 5.4 of this Guidelines and a period of 5
(five) years has not elapsed since his release from such imprisonment;
5
(iv)
he has been declared bankrupt by any Court and has not been discharged from the
liability of bankruptcy;
(v)
he has been identified or declared by the Bangladesh Bank or by a Court or by a bank or
financial institution as a defaulter loanee of that bank or institution;
(vi)
any of his telecom service provider licenses has been cancelled by the Government at any
time during the last 5 (five) years;
(vii) he is being proceeded against for any violation of the Ordinance/Acts/Regulations stated
in clause 5.4 of this Guidelines or any license condition.
7.2
In addition to the disqualification referred to in clause 7.1, the Government shall also consider
whether the applicant satisfies other criteria including:
(i)
whether the applicant has sufficient management and financial capacity to operate the
activities pertaining to establish, maintain and provide VAS for which the license will be
issued;
(ii)
how far the issuance of the license will serve the purposes mentioned in sections 29, 30
and 33 of The Bangladesh Telecommunication Regulation Act, 2001 (as amended).
8. GUIDESINES FOR VASP
8.1
The individual content provider/ content developer may provide VAS through Aggregator
through mutual agreement or may form a company registered with the Registrar of Joint Stock
Companies and Firms, Bangladesh to get VASP License.
8.2
The Licensee VASP shall have access and interconnection of its approved short-code(s) with
any of the existing Access Providers/ ICXs/ ISPs/ NIX through mutual agreement.
8.3
All other TSPs will remain fair and unbiased in terms of providing access and thus will not be
selective/ blocking of short code(s)and/or mobile portal(s).
8.4
The Licensee VASP’s access and interconnection of its approved short-code(s) with any of the
existing Access Providers/ ICXs/ ISPs/ NIX shall be implemented under any of the following
schemes:
(i)
VASP Company may have either direct access agreement with any of the existing Access
Providers/ ICXs/ ISPs/ NIX or through any VASP Content Aggregator;
(ii)
The VASP Content Aggregator may have direct access agreement with any of the
existing Access Providers/ ICXs/ ISPs/ NIX or through VASP Technology Enabler;
(iii) The VASP Technology Enablers shall have access agreement with any of the existing
Access Providers/ ICXs/ ISPs/ NIX.
8.5
The Licensee VASP under any of the connection schemes stated in 8.4 shall maintain the
billing system in a fashion that will be capable of reconciliation/ reimbursement of revenue in a
manner as acceptable to the Government and maintain usage details, download quantity, user
base, user and usage statistics, etc., in their management information system (MIS) for the
purpose of transparency of its service and billing.
6
8.6
The Access Providers for VASP/ Solution Providers/ Platform Providers will publish the bulk
charges (bulk rates of SMS, IVR, IN Access, USSD, API, physical E1, etc.) for VASP for
accessing/ using its infrastructure after the approval from the Government. Other than these
fees mentioned, no other fees or charges would be applicable upon the VASP.
8.7
In case of revenue sharing model, the Access/ Solution/ Platform Providers along with the
VASP shall have the revenue sharing percentile approved by the Government.
8.8
The VASP entering into agreement with any other Entity (Access Providers/ Solution
Providers/ Platform Providers) under these Guidelines may follow bulk rates or revenue sharing
model as per mutual agreement.
8.9
Services involving financial transactions, air-time bill collections or remittance through mobile
telecommunication devices must comply with the rules and regulations of Bangladesh Bank
and other concerned authorities.
8.10 The VASP selling its own resources or products to any other VASP (whether in retail or bulk)
shall be excluded from the revenue sharing model for that particular sold out resources.
8.11 The VASP shall have to take prior approval for Service & Tariff as per the provisions of the
Bangladesh Telecommunication Regulation Act, 2001 (as amended) for each VAS. All
approved tariffs shall have to be available in the VASP’s website.
8.12 The VASP will be allotted short code(s) from the Bangladesh Telecommunications Regulatory
Commission (BTRC),which can be accessible from all the subscribers of different operators.
9. LICENSEPROCEDURE
The Commission will issue license to the successful applicant for VASP after thorough examination
and with prior approval of the Government.
10. COMMENCEMENT, DURATION AND RENEWAL OF THE LICENSE
The duration of the license shall be for 10 (ten) years from the date of issue, subject to the compliance
with the conditions laid down under the license and guidelines, unless cancelled or revoked or
surrendered earlier. Upon expiry of the initial term, the license may be renewed for subsequent10
(ten) years term, subject to fulfillment of necessary conditions. The VASP shall submit the renewal
application at least 180 (one eighty) days prior to the expiry date of each term, initial or subsequent
whatsoever.
11. FEES AND CHARGES
11.1 The following fees and charges shall be applicable to the VASP. Fees and charges mentioned
below are excluding applicable VAT and other Taxes.
1.
2.
3.
Application Fee
License Acquisition Fee
Annual License Fee
4.
Gross Revenue Sharing
Tk.1,000.00(Taka One thousand) only
Tk.10,000.00(Taka ten thousand) only
Tk.5,000.00(Taka five thousand) only
To be decided by the Government depending upon
market maturity
7
5.
Contribution to Social
Obligation Fund
Subject to rules to be made by the Government in respect
of the Social Obligation Fund
11.2 The VASP shall pay all the required fees within the stipulated time frame given hereinafter. All
fees, charges, etc., payable by the VASP are not refundable and payments are to be made in
favor of Bangladesh Telecommunication Regulatory Commission in the form of bank draft or
payment order from any scheduled bank mentioned in the Bangladesh Bank Order, 1972.
11.3 Application Fee: A fee of Tk. 1,000.00 (Taka One Thousand) only in the form of payment
order or demand draft issued from any scheduled bank of Bangladesh, in favor of the
Bangladesh Telecommunication Regulatory Commission shall have to be paid with the
application for Telecom VASP license as application fee.
11.4 The License Acquisition Fee: The License Acquisition Fee for Telecom VASP shall be Tk.
10,000.00 (Taka Ten Thousand) only. The Commission will notify the applicant in writing duly
about the decision of awarding license. The applicant shall have to pay this fee, within 30
calendar days of the date of issue of such notification, to the Commission in the form of
payment order or demand draft issued from any scheduled bank of Bangladesh, in favor of the
Bangladesh Telecommunication Regulatory Commission.
11.5 The VASP, after the payment of the License Acquisition Fee, shall pay Annual License Fee and
Revenue Sharing as mentioned below:
(i)
Annual License Fee: Tk.5,000.00 (Taka Five Thousand) only shall have to be paid by
the VASP in advance on each anniversary of the date of this License as Annual License
Fee for the succeeding year.
(ii)
Gross Revenue Sharing: The Commission may publish circular containing the rate of
Gross Revenue Sharing. The VASP shall be required to make payment of share of its
revenue at the rate and in the manner and time frame as per the circular or the direction of
the Commission in writing from time to time.
11.6 Social Obligation Fund: There shall be a Social Obligation Fund towards which the VASP
shall be required to make contribution in accordance with the provisions of the rules to be made
in this regard by the Government in pursuance of section 21A of the Act.
11.7 Delays in Payment of Fees: All sorts of fees/charges as mentioned in these Guidelines shall
have to be paid in due time. The due amount may be paid within 60 (sixty) days after the
stipulated date by paying a late fee (additional) at the rate of 15% (fifteen percent) of the
corresponding principal amount to the Commission. If the amount is not paid within the 60
(sixty) days as stipulated, necessary actions shall be taken by the Commission as per the
provisions of the Act.
12. DOCUMENTS TO BE SUBMITTED WITH APPLICATION FOR LICENSE
12.1 Photocopy of the National Identity Card of the Owner(s)/ Partners/ Shareholder Directors of the
applicant entity duly attested by Notary Public.
12.2 Passport size photo of the Owner(s)/ Partners/ Shareholder Directors and Authorized contact
person of the applicant.
8
12.3 Photocopy of up to date (of latest fiscal year) Trade License of the applicant entity duly attested
by Notary Public.
12.4 Photocopy of up to date (of latest Fiscal year) VAT and Income Tax Certificate of the applicant
entity duly attested by Notary Public.
12.5 Certified copies of Certificate of Incorporation, Memorandum of Association, Articles of
Association, Form – XII, where applicable, describing the current share structure; or certified
copy of Deed of Partnership Agreement or Consortium Agreement.
12.6 Professional Resume/Vitae of Technical/ Business Personnel with attestation given by the
Owner/ Partner/ Shareholder Director of the applicant.
12.7 Letter of authorization, along with Passport size photograph and specimen signature of the
applicant’s representative duly attested by Operational Chief of the applicant.
13. OBLIGATIONS OF THE VASP
Amongst others, VASP shall have the following obligations:
13.1 The VASP shall build, operate and maintain the Telecom Value Added Services and Systems in
Bangladesh as provided in these Guidelines.
13.2 The VASP shall have a registered, operational office along with official website [of applicable
Generic Top Level Domain (gTLD)/ Country Code Top Level Domain (ccTLD)], phone
number and e-mail address for official correspondence. The VASP shall keep the Commission
informed of any change in its address(es).
13.3 The VASP shall maintain proper documentation of its equipment, works, and clients for future
reference.
13.4 The Commission may, by order in writing, direct any inspector to inspect the VASP’s
workshop/store/office/laboratory/site, etc., from time to time without prior notice. On demand
of the inspector, the VASP shall produce all related documents and the registers maintained for
inspection and shall permit the inspector to take copy (both hard/soft version) or extract thereof.
13.5 The VASP shall submit the complete list of the devices he or it wants to install (import/buy out)
along with the necessary technical information/documents including manufacturer’s
handbook/specification sheet & functional block diagram where the device will be fitted and/or
installed.
13.6 The VASP shall comply with the relevant provisions of all laws and policies, decisions,
directions, instructions issued by the Government or by the Commission with prior approval of
the Government from time to time.
13.7 The VASP shall not engage in any anti-competitive conduct nor shall discriminate nor create
any inconvenience to any other operator licensed under the Act or any subscriber of any such
VASP.
13.8 The VASP shall perform under the license with due diligence, willingly, conscientiously,
faithfully and to the best of its professional skill and ability which must be satisfactory to the
Government.
9
13.9 The VASP shall have to take prior approval from the Commission to renew/update its service,
when changed from the approved one.
13.10 The VASP shall have to create, launch and operate a dynamic website with required customer
care service facilities e.g. complaint and query with ticketing system.
13.11 Within the 6 (six) months of acquiring the license, the VASP shall have to commence its
service. Within the 12 (twelve) months of commencement of operation, the VASP shall have to
launch its customer care service; with full-fledged supports and a report on customer service
related activity shall have to be made available to the Commission.
13.12 There shall be a Social Obligation Fund towards which the VASP shall be required to make
contribution in accordance with the provisions of the rules to be made in this regard by the
Government in pursuance of section 21A of The Bangladesh Telecommunication Regulation
Act, 2001 (as amended).
14. CUSTOMERS’ RIGHT PROTECTION
14.1 The VASP shall have to ensure all forms of activations and scenarios –Outbound Dialing
(OBD), Interactive Voice Response System (IVRS), Wireless Application Protocol (WAP),
Mobile Internet, Unstructured Supplementary Service Data (USSD), SMS, Tele-calling and any
other mode of activation.
14.2 The VASP shall have to provide a system that takes a second consent from the customer before
providing a value added service through any means like OBD, IVRS, WAP, Mobile Internet,
USSD, SMS, Tele-calling or any other mode of activation. The requested service shall not be
activated without getting the second confirmation from the customer.
14.3 The VASP shall implement common de-activation procedure using toll free common short-code,
issued by BTRC. The request for de-activation shall be executed within 4 hours from receipt of
request.
14.4 The VASP shall intimate the de-activation procedure to the subscribers through website and
SMS blasts as well as through advertisement in national newspapers and other media. Any
change shall also be intimated in similar manner.
14.5 Auto renewal shall not be implemented without informing the subscribers through SMS and
OBD24hours before service activation.
14.6 In case of wrong activation, the amount shall be refunded within 24 hours of the customer's
request. Such customer requests should be met within 24 hours for value added services with
validity of more than seven days and within 6 hours for value added services with validity of
seven day.
14.7 In case of USSD and SMS mode of activation, no activation response time shall be greater than
10 seconds and 60 minutes respectively and in case of non-response, the same shall be treated as
‘no activation required’.
14.8 Upon activation of VAS service, the de-activation number, the validity of the VAS service and
charges for renewal shall be explicitly informed by the VASP.
10
14.9 The VASP shall submit monthly report on activations, de-activations and complaints received
along with the redressal report to BTRC.
14.10 Government will decide on basic and value added services.
15. QUALITY OF SERVICE (QoS) & GRADE OF SERVICE (GoS)
Strict adherence to maintaining QoS and GoS will be the responsibility of the VASP. The
Commission will monitor and regulate the QoS and GoS and will take necessary steps to ensure the
same from time to time.
16. MONITORING ON NATIONAL INTEREST
The VASP shall provide with necessary access and extend all cooperation to the officer of Detective
or Intelligence Branch, National Security Intelligence, Investigating Agency or Law Enforcing
Agency (LEA) for Lawful Interception (LI) as and when authorized by the Government under section
97A of The Bangladesh Telecommunication Regulation Act, 2001 (as amended).
17. CANCELLATION AND SUSPENSION OF LICENSE AND FINES
17.1 The Commission may, with the approval of the Government, cancel, suspend the license and
impose fine. The VASP shall also be liable for action as per the Bangladesh Telecommunication
Regulation Act, 2001 (as amended) on the following grounds: if(i)
any information furnished for obtaining the license found incorrect/ false;
(ii)
it is detected that the applicant obtained the license suppressing any disqualification
specified in 7 above;
(iii) any share is transferred or issued or without prior written permission of the Government;
(iv) any of the conditions of the guidelines or license is violated;
(v)
the VASP has disclosed or is involved with the disclosure or leakage of any information to
anybody involved with any illegal activities detrimental to the security, integrity,
sovereignty or stability of Bangladesh or its relation with other state or maintaining of
public peace or law and order;
(vi) the VASP is liquidated, bankrupt or insolvent, or that an application for declaration of
bankruptcy or similar declaration or order is filed by the VASP itself or a third party
against the VASP;
(vii) the VASP ceases to carry on business under the license;
(viii) that the VASP hides any information for any tariff package, or any financial earnings to
furnish revenue sharing to the Commission, or any relevant information to its subscribers
and/or the Commission; or furnishes any false or wrong information to the Commission; or
conduct any fraudulent activities;
(ix) the VASP violates or purports to violate any sections/terms and/or conditions under the
Act/anyRegulations/Rules/Guidelines/Bye-
11
laws/Directives/Instructions/Orders/Circulars/Decisionsof the Government or, as the case
may be, the Commission.
17.2
In the event of suspension of the license under section 46 of the Bangladesh Telecommunication
Regulation Act, 2001 (as amended), the Commission may, with prior approval of the
Government, appoint an Administrator or Receiver in order to maintain continuity of services,
development activities and accounts and other records relating to the license.
17.3
Cancellation or suspension of license for any reason, whatsoever shall not prejudice any other
legal rights or remedies of the Commission conferred by the Act or any other law for the time
being in force or the license. Cancellation shall not relieve the VASP from any obligations due
under any law or the license.
18. ACCOUNTING SYSTEM
18.1 The Commission may issue directions to the VASP on any of the following subjects:
(i) for the purpose of compliance with the provisions of the Bangladesh Telecommunication
Regulation Act, 2001 (as amended) adoption of any method of identifying the cost of
providing the services under the license and adoption of any internationally recognized
accounting method consistent with the methods prescribed in the Companies Act, 1994;
(ii) for the purpose of implementation of the provisions of the Bangladesh Telecommunication
Regulation Act, 2001 (as amended), furnishing to the Commission information on such
matter, and such periodic reports or other form or manner as the Commission may specify
from time to time.
18.2 When it is deemed necessary the Commission may direct the VASP to deliver any information
and in such case the VASP shall be bound under section 84 of the Bangladesh
Telecommunication Regulation Act, 2001 (as amended) to comply with such direction in such
manner or form and within such time as the Commission may specify in the direction.
18.3 All financial transactions in local and foreign currency in relation to the license shall have to be
maintained through scheduled bank mentioned in the Bangladesh Bank Order, 1972.
19. VAS BY ANY OPERATOR OTHER THAN THE VASP
No other entity except the VASP is eligible to provide Telecom VAS as defined in the guidelines.
However, if any other operator (not the Telecom VASP) design/plan any VAS for its own (supported
by its license and technical resources) where the VASP is incapable to provide that particular service,
the Commission will issue interim service and tariff approval to that operator in the following
manner:
(i)
The Commission will seek the availability of that particular service (using generic naming terms
and technical features like: protocols/standards/software-name etc.) from the existing VASPs, or
association, if any. If the VASPs/association acknowledge its incapability or, if no
acknowledgement received within 30 (thirty) days of the Commission’s letter, then the
Commission will start evaluating the particular-service for necessary interim approval according
the standard procedures;
12
(ii) Issuing the interim service and tariff approval (regarding VAS) to other operators (not the
VASP) will be done on case-to-case basis.
20. INTELLECTUAL PROPERTY RIGHTS (IPR)
The VASP or any other entity under these guidelines shall not violate any Intellectual Property Rights
of any person, body or association and shall be held responsible for any such violation under the
relevant laws of the land.
21. MISCELLANEOUS
21.1 Reporting of the VASP will not be limited to the Commission, if it falls under the jurisdiction
of any other regulatory authorities in Bangladesh; in that case it shall remain liable to follow the
concerned rules and regulations.
21.2 The Government may alter, change, modify and/or add any terms and conditions of the license
at any time in public and industry interest as per the Bangladesh Telecommunication
Regulation Act, 2001 (as amended).
21.3 The Schedules annexed herewith shall form integral part of these Guidelines.
21.4 These Guidelines and the license shall be governed by and construed in accordance with the
laws of Bangladesh.
21.5 Unless otherwise stated –
(i)
all headings are for convenience only and shall not affect the interpretation of the
provisions of the guidelines;
(ii)
the words importing the singular or plural shall be deemed to include the plural or
singular respectively;
(iii) any expression in masculine gender shall denote both genders;
(iv)
any reference in the license to a person shall be deemed to include natural and legal
persons;
(v)
all references to legislation or guidelines or directions issued by the Commission shall
include all amendments made from time to time;
(vi)
the term ‘or’ shall include ‘and’ but not vice versa;
(vii) any reference in the license to “writing” or “written” includes a reference to official
facsimile transmission, official e-mail, or comparable means of communication;
(viii) references to Clauses, Sub-Clauses, Annexure and Schedule are to Clauses, Sub-Clauses,
Annexure and Schedule to the license, respectively;
21.6 These guidelines shall be governed by and construed in accordance with the laws of
Bangladesh.
21.7 Each provision of these guidelines shall be interpreted in such manner as to be effective and
valid under applicable law. If any provision is held invalid or unenforceable with respect to
particular circumstances, it shall nevertheless remain in full force and effect in all other
13
circumstances. In the event that any provision of these guidelines shall be deemed to be
unlawful or unenforceable, that provision shall be deemed severed from these guidelines, but
every other provision in these guidelines shall remain in full force and effect. In substitution for
any such provision held unlawful or unenforceable, there may be substituted a provision of
similar import reflecting the original intent of the Commission to the extent permissible under
law.
21.8 Notwithstanding anything in these guidelines to contrary, provisions, which by their terms are
deemed to survive, shall survive the cancellation of the license howsoever caused.
21.9 These guidelines are in English language only, which language shall control and prevail over
any version or translations which may hereafter be made.
21.10 These guidelines are issued with the approval of the Government.
14
SCHEDULE-1
INTERPRETATION, DEFINITION AND ABBREVIATIONS
Unless the context otherwise requires, the different terms and expression used in the Guideline shall have
the following meaning assigned to them.
1. “Access Network Service Operator (ANS Operator)/Platform Provider/Network
Owners/Provider” means the PSTN Operator, Cellular Mobile Phone Operator, Cable Service
Provider, Internet Service Provider, Broadband Wireless Access Operator and IPTSP who have a
direct access with the subscribers.
2. “Act” means the Bangladesh Telecommunication Regulation Act, 2001 (Act No. XVIII of 2001).
3. “Application form” means a form prescribed for applying for Telecom VAS Operator License.
4. “Application Developer (AD)” means any kind of entity who develops New/Value-Added Services,
Contents and Applications related with Telecommunications/ICT.
5. “Application services (AS)”are enhanced services, in the nature of non-core services, which either
add value to the basic tele-services or can be provided as standalone application services through
telecommunication network, the basic services being standard voice calls, voice/non-voice messages,
fax transmission and data transmission.
6. “Content Provider (CP)” means any kind of entity who provides New/Value-Added Services,
Contents, and Applications related with Telecommunications/ICT.
7. “Content/ Application Aggregators” mean the companies that aggregate content/applications
obtained from various content owners/application providers, convert it into the digital or any other
suitable format and make it available to technology enablers (value added service providers) or
telecom service providers.
8. “Commission” means the Bangladesh Telecommunication Regulatory Commission (BTRC)
established under the Bangladesh Telecommunication Regulation Act, 2001.
9. “CDMA” means Code Division Multiple Access which includes Cellular Mobile Standard Operating
CDMA Cellular Mobile Phone service or for operating or maintaining such system or service or for
using radio apparatus.
10. “e-commerce” means any financial or financial like transaction taking place through any
telecommunication device e.g. a mobile phone, computer etc.
11. “Government” means the Government of the People’s Republic of Bangladesh.
12. “GSM” means Global System for Mobile Communication which includes cellular mobile standard
operating GSM cellular Mobile Phone service or for operating or maintaining such system or service
or for using radio apparatus.
13. “Interconnection” means interconnection defined in section 2(2) of the Act.
14. “Interconnection Exchange (ICX)” means Interconnection Exchange defined in regulation 3(7) of
Bangladesh Telecommunication Regulatory Commission (Interconnection) Regulation, 2004.
15. “International Gateway (IGW)” means International Gateway defined in regulation 3(11) of
Bangladesh Telecommunication Regulatory Commission (Interconnection) Regulation, 2004.
16. “International Internet Gateway (IIG)” are switching systems through which International Internet
traffic is sent and received. IIG allows physical monitoring of the internet/traffic flow.
17. “Infrastructure” means all telecom related equipment (Hardware and Software) including
GSM/CDMA Cellular Mobile equipment
15
18. “Operator” means Telecom VAS Operator.
19. “Registration” means an authorization issued, with prior approval of the Government, by the
Commission under the VAS guidelines, for establishing, operating and maintaining Telecom Value
Added Services in Bangladesh.
20. “Network/Solution/Platform provider” means content aggregation platform currently served by
Mobile/PSTN operators.
21. “PSTN” means Public Switched Telephone Network licensed by the Commission.
22. “Quarter” means a period of three months of the Gregorian calendar year.
23. “Regulation” means, regulations made by the Commission under the Act.
24. “Subscriber” means any person or legal entity that avails the service from the Licensee.
25. “Sister Concern” means if two or more companies are owned or controlled by the same entity or
person.
26. “Subsidiary” in business matters, is an entity that is controlled by a separate higher entity. The
controlled entity is called a company, corporation, or limited liability company; and in some cases can
be a government or state-owned enterprise, and the controlling entity is called its parent (or the parent
company).
27. “Technology Enablers” mean entities that provide the technology layer for the telecom networks,
which in most of the cases also perform the task of Content aggregator and the technology layer often
includes an application platform, application development & hosting, MIS & reporting tools, operator
billing, collection & payment settlement engine.
28. “Telecom Service Providers” mean entities owning the access network & end users and also provide
end-user billing & collection for the provision of application services. They have commercial
agreements or arrangements with the ASPs for providing the application services.
29. “Telecommunication” means telecommunication defined in section 2(11) of the Act.
30. “Telecommunication Service” means telecommunications services defined in section 2(15) of the
Act, 2001.
31. “Telecommunication System” means Telecommunications System defined in section 2(13) of the
Act, 2001.
32. “Tariff” means tariff defined in section 2(16) of the Act, 2001.
33. “VAS (Value Added Service)”means all non-core services (of Open/Universal/Platform/Operator
Independent) beyond core services like standard voice calls and fax transmission (excluding IP based
solution). The non-core services may be such as contents of 3rd party Provider(s), Roaming, services
provided by Application Developer(s), SMS contents, ring tones, wall papers, games, java/software
applications, software/application/service gadgets, desktop/web applications, International
Connection (RUIM/SIM etc.) Distribution, Domestic/International Calling Card Service,
Domestic/International Recharge, IVR, ITFS, LTFS, MMS, RBT, e-services (i.e. e-governance, ecommerce, etc.), m-services (i.e. m-commerce, m-banking, m-web etc.), virtual phone, Services
dealing with Network APIs etc. and all these content, content provisioning platform, equipment,
systems, SDP (Service Delivery Platform), CMS (Content Management Systems) and/or any other
related service/content/application approved by the Government as used by telecom subscribers.
34. “Value Added Service Provider (VASP)”are entities (ANS Operator, ISP, Aggregator, and
Company) developing and/or providing Value Added Services.
16
35. “Virtual Private Network (VPN)” usually refers to a network in which some of the parts are
connected using the public Internet but the data sent across the internet is encrypted, so the entire
network is “Virtually Private”.
36. Abbreviations
36.1
ANS -Access Network Services.
36.2
AoA -Article of Association
36.3
CSR -Corporate Social Responsibilities
36.4
CEO -Chief Executive Officer
36.5
CoI -Certificate of Incorporation
36.6
EDGE -Enhanced Data-Rates from GSM Evolution.
36.7
ENUM – Telephone Number Mapping.
36.8
ETSI-ES-European Telecommunications Standard Institute- European Standard
36.9
GSM -Global System for Mobile
36.10
ICX -Interconnection Exchange.
36.11
IGW -International Gateways.
36.12
ILDTS - International Long Distance Telecommunication Services.
36.13
IP -Internet Protocol.
36.14
ISO -International Organization for Standardization
36.15
ISP -Internet Service Provider.
36.16
IX -Internet Exchange.
36.17
ICT -Information and Communication Technology
36.18
ITU -International Telecommunication Union
36.19
ID -Identification
36.20
IMEI -International Mobile Equipment Identity
36.21
IPR-Intellectual Property Rights
36.22
LEA -Law Enforcing Agencies
36.23
LI -Lawful Interception.
36.24
LAN -Local Area Network
36.25
MoA -Memorandum of Association
36.26
MoPT -Ministry of Post and Telecommunication
36.27
MNO -Mobile Network Operator
36.28
MD -Managing Director
36.29
MVNO- Mobile Virtual Network Operator
36.30
NGN -Next Generation Network.
36.31
POP -Point of Presence.
36.32
POI -Point of Interconnection.
36.33
QoS -Quality of Service.
36.34
RUIM -Removable User Identity Module
36.35
SLA -Service Level Agreement
36.36
STM-x- Synchronous Transfer Mode (Fibre Channel Card)
36.37
SIM -Subscriber Identity Module
36.38
SMS -Short Message Service
36.39
TIN -Tax Identification Number
36.40
USSD – Unstructured Supplementary Service Data
17
36.41
36.42
36.43
36.44
VAT -Value Added Tax
VMS -Voice Message Service
VoIP -Voice over Internet Protocol.
VSAT -Very Small Aperture Terminal.
18