Ollo, which has been providing WiMAX service for roughly two years in the capital illegally, has finally applied for a license that would legalise their operation.
The service recently came under spotlight after one of its competitors moved the apex court seeking its intervention over the BTRC step granting one of its founding companies with a multi-million dollar spectrum for free.
Even in its step to legalise the service the joint venture initiative, consisting of two local internet service providers and Russian company Multinet, chose a shady route. The application is based on the participation of one of Ollo’s forming companies in a WiMAX license auction by the BTRC five years back, from which it later withdrew after being offered a scope to get the license.
Bangladesh Telecommunication Regulatory Commission Chairman Sunil Kanti Bose told the Dhaka Tribune on Monday: “We received an application from Multinet for WiMAX permit. After scrutiny, we will send it to the telecommunications ministry. They will get the license if the government decides to approve, otherwise not.”
He added that the government is the deciding authority on such matters according to the telecom law.
The application is based on Bangladesh Internet Exchange Limited (BIEL), a partner in the Ollo venture, participation in a WiMAX permit auction by the BTRC on September 24, 2008. The company secured the fifth position in the auction, but licenses were only for the first three.
Banglalion Communications and Augere Wireless Broadband Bangladesh (Branded as Qubee) took the permits that cost Tk2.15bn each. However, the third winner, Brac BDMail Network Limited, declined the license.
Following the refusal, BTRC offered the empty spot to other contenders in the auction including BIEL, none of whom except Mango Teleservices Limited took up the offer. However, Mango wanted to take the license in five instalments, a clause that contradicted the WiMAX guideline leading to the regulatory body showing no interest in the buyer.
Mango Managing Director Mir Md Masud told the Tribune yesterday: “All the other contenders had taken back the Tk30m earnest money for the auction. I did not and am still waiting for the licence. BIEL is not even in the scene. If anyone else is given the permit, then I shall have to go to court.”
However, Ollo officials, including their regulatory affairs adviser Maj (Retd) Mohammad Ali Morshed, declined to comment on the matter. But a top official of their technical wing, on condition of anonymity, said: “We are very hopeful about getting the WiMAX license.”
He also said there are a lot of negative pressure but despite those, they are trying to get the license.
The joint venture was initiated in 2009 and Ollo launched its services in late 2011. The licence application, roughly two years into providing the service, used BIEL’s name. BTRC sources, requesting anonymity, said the procedure is not logical or legal and is susceptible to legal challenges.
Sunil Kanti Bose pointed out that he is relatively new in BTRC and did not get enough time to go into the details. “May be Ollo, Multinet and M/S New Generation Graphics Limited [NGGL] are all the same and use the different names whenever it is needed.”
Barrister Aneek R Haque, who conducted the 2008 auction and is now a counsel of Banglalion, said: “Guidelines do not allow the BTRC to award WiMax license to Multinet as they had turned it down once already when they were offered.”
Russel Kabir, who sold BIEL to Multinet during the formation of the joint venture, said: “There are some guideline restrictions about granting WiMAX license based on BIEL’s auction participation. However, everything depends on what BTRC and the government wants.”
NGGL, the other member of the Ollo venture, is currently under pressure after the High Court temporarily banned them from using a multi-million dollar 800MHz-band spectrum which was given to them for free by the BTRC.
The court also called on them, the telecommunication ministry, the regulators and two BTRC directors asking them to justify the legality of granting the spectrum without any cost.
