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BANGLADESH TELECOMMUNICATION
REGULATORY COMMISSION
IEB Bhaban, Ramna, Dhaka-1000

No. 1 4.32.0000.702.42.001.18.1'7 47 Date : l9-09-2018

REGULATORY AND LICENSING GUIDELINES

FOR INVITATION OF OFFERS/PROPOSALS

FOR

ISSUING LICENSE

FOR

ESTABLISIIING, OPERATING AND MAINTAINING

INTERNATIONAL GATEWAY OGW) SERVICES

BANGLADESH

Page I of58
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BANGLADESII TELECOMMUNICATION
REGULATORY COMMISSION
IEB Bhaban. Ramna. Dhaka-1000

REGULATORY AND LICENSING GUIDELINES

ON

International Gateway (IGW) Services

I. INTRODUCTION
l.0l Bangladesh Telecommunication Regulatory Commission (hcrcinaller thc Commission) has hccn
cmpowered by and undcr the Section 36 of the Bangladesh Telecommunication Regulation ct.
2001 (as amendcd) (hcrcinafter the "Act") with the prior approval of th(- Govcrnmcnt 1() issuc
Licenses lbr the operation and provision of telecommunication services and to determine the
eligibility criteria and other geleral tcms and conditions ofLicenses.
1.02 'lhese Guidelines, along with thc tcms and conditions of the License, should be read in
conjunction with the Act, any subscquent legislation, othcr prevalent la's or scctor policics
frnmed by the Government, rulcs, regulations, orders, decisions, guidelines, directives and other'
documents ofgeneral application issued by the Government or the Commission liom timc to limc.

1.03 Having given due consideration to the principles of transparcncy, faimcss, non-discrimination and
all other relevant principles, the Guidclincs on Liccnsing Proccdurc of Intcrnational (iatcwav
(lGW) Serviccs arc bcing issued as envisag€d inthe Tnternational T.ong Distance
Telecommunication Services Policy, 2010 (ILDTS Policy, 2010).

1.0,1 These Guidelines, along with the terms and conditions of the Licensc, should bc rcad in
conjunction with the Act, any subsequent legislation, and prevalent laws or sector policies framed
by the Government, and other rulcs, regulations. orders, decisions, guidelines, directives aurd
documents of general application issued by the Commission from time to timc. 'lhc Acl
specilically provides, under the Sections 35 and 55, that the establishment. operation or usc of
tclccommunication system including radio apparatus and provision of tclccommunicalion scrviccs
in Bangladesh without a License is an offence punishable with imprisonment or a fine or both.

1.05 To take into consideration various factors including but not limited to, any threat to public interesr.
public health and national security and statutory or Court ordcrs. these Cuidelincs may be
withdrawn, revised, updated or amcnded by the appropriate authority liom lime lc) time.

Page 3 of58
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2. OtsJECTIVES
2.01 These Guidelines are intended to provide an ovcNicw of thc licensing and regulatory framework
to applicants secking to obtain License to establish, maintain and operatc Intcrnational Gatcway
Scrvices in Bangladesh.

2.02 These Guidelines have bccn prepared after taking into account the objectives ofthe Governmcnr to
f'acilitatc Intemational Gateway Services in Bangladesh as cnvisagcd in the ILD'IS Policy. 2010.

2.01 Intcmational Gateway SeNices Liccnse to be issued under thcsc Guidelines \\.ill aulhorizc the
operators to establish, maintain and operate Intemational Gateway Serviccs.

3. INTERPRETATION AND DEFINITION

'Ihc intclpretation and definition of thc tems used in this document is anncxcd hcrcwith as
SCHFIDUI-E-l to the Generic liorm ofLicense appended with these guidelines as APPENDIX-4.
,I. GENERALREQUIREMENTS
.01 'lhe following are the principal legal statutes goveming the telecommunication industry in
Bangladesh:
(a) The Bargladesh l clecommunication Regulation A.ct, 2001 (as amended).
(b) The Wireless Telegraphy Act, 1933 and The Telegraph Act, 1885, for mattcrs which arc
not covered by the Bangladesh Telecommunication Rcgulation Act, 2001 (as amended).

(c) The Bangladesh Te lccommunication Rcgulatory Commission (Licensing Procedure)

Regulations, 2004 (as amended).

(d) The Bangladesh Telecommunication Regulatory Commission (lntcrconncclion)

Regulations, 2004 (as amended).

(c) The Information & Communication Technology Act, 2006.

(0 Intcrnational Long Distance Tclecommunication Services (ILDTS) Policy, 2010.

(g) Any Act of Parliament or ordinance and the Regulation(s) made or to be madc by the
Govemment.

(h) Any RulesR.egulationDirectivcs/lnstructions/Directions/Decisions madc by thc Commission.

4.02 Applicant(s) shall be disqualified liom obtaining a license for any of the provisions listed in sub
clauses (a) to (h) below applies to its owncr(s) or to any of its dircctors or partners or ro the
applicant(s) himself if:
(a) He is an insane peNon;
(b) He has been scntcnced by a cout under any law, other than this Act, to imprisonment for a
tetm of 2 (two) years or more, and a pcriod of 5 (hvc) ycars has not been eiapsed since his
release liom such impdsonment;

(c) Hc has been sentenced by a coun lbr committing any offence under the Act and a period of
5 (five) years has not been elapsed since his release from such imprisonmcnr;

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 (d) He has bccn declared bankrupt by the Court and has not been dischargcd liom thc liabilitl
ot'bankruptcy;
(e) lle has been identified or declared by the Bangladesh tsank or by the court or bv a bank or
financial institution as a delaulter loanee ofthat bank or institution:
(0 Any ol'his Licenses has been cancelled by the Commission at any timc during the last 5
(five) ycars;

(S) He is not eligible under clause l0 heretoj or

(h) Any proceeding is going on against the applicant(s) or its owncr(s) or any oI its directofs or
paftners for illcgal call tcrmination or lbr violation of rhe Act/An!
Regulations/Rules/Guidelines/ByeJaws/Directives /lnstructions/ Ordcrs/ Circularsi
Decisions ofthe Commission and/or the Goverunent etc.
,1.03 In addition to the mandatory grounds for disqualification lbr applying fbr a License relired 10 in
clauses 4.02, the Commission shall also consider whcther the applicant satislics olhcr crilcria
including but not limitcd to:
(u) whether the applicant has suflicient management and financial capacity to opcratc the
activities pertaining to Intemational Long Distance Telecommunicalion Serviccs: and
(b) how lar the issuance of the Liccnsc will scrvc thc public intcrcsl and no! hampcr thc
national secudty.
,1.04 No share can be transfcoed to or l1ew share can be issued lbr nor any merger / amalgamation shall
be take place without the prior wrincn pemission of the Govemmcnl or thc Commission, as lhc
case may be,

,{.05 All financial transactions (forcign and local) in rclation to thc Liccnsc shall bc madc through
Scheduled Bank(s) ol'Bangladesh. The Licensee shall inform thc Commjssion of rhc dctails of thc
accounts in operation..The Liccnsce shall submit monthly statement of all the accounts to thc
Commission within 10'n day ofeach calendat month.

4.06 The License will be awarded by evaluation process subject to llllillmenl ofo$cr conditions ol'
thesc Guidclines/ and guidelines to be formulated by the Commission from time to rime.

4.07 Tte Licensee company will issue lnitial Public Olter (lPO) in the Stock Exchangc of tsangladcsh
and nowhere elsc within 3 (three) years from the date of awarding the I-icenses subiect to
fulfilling thc rcqujrements of the Laws and Regulations of Security and Exchange Commission
(SEC) in this regard.
5. NUMBER OF LICENSES
In order to ensure diversity, uninterrupted and efficient telecom gateway services thc numbcr ol'
licenses shall bc dccidcd by the Government. Licenses will be awarded b)' the Comnission as per
the evaluation ofsubmitted offers/proposals subjcct to approval ofthc Govcrnmcnt.

6. DURATION OF LICENSE
The duration ofthe License shall be of l5 (fi11ccn) ycars tcms. Uporr cxpiry ofthc initial term, thc
License may be renewed for subsequent terms, each of 5 (five) years in duration. subject to the
approval ofthe Commission and to such conditions, including thc paymcnt ofany iees, as may be
specitied hercin and/or by the Govemment under the Act.

Page 5 of58
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1. LOCATION OF INSTALLATION
The Location of the IGWS will be p marily at Dhaka. Addirional IGWS can bc scrup in othcr
locations of the country depending on trallic volume and to allo$ rural people to be connectcd
with the network as and when required. For installing IGW(S) in other locations, thc liccnscc shall
have to abide by the decision ofthe Commission liom time to time.

?t. SCOPE OF THE LICENSE

8.01 The Liccnsee shall establish, constuct, operate and maintain its applicable systems for thc purposc
ol providing the services as described in the Clausc no. 9.

8.02 The Licensee shall comply with the provisions of the Act (as amendcd), thc Wirclcss l'clcSraphy
Act, 1933 and the Telegraph Act, 1885 as moditicd liom time ro rime and an)'
Rulcs/Regulations/Bye-laws/Directives/Guidelines/lnstructions/Orders/Circulars/ I)ccisions ctc.
issued from time to time by thc Commission or thc Govcmmcnt or any ofter Act that may come
into forcc in future.

9. SYSTEMS AND SERVICES

9.01 The Licensee will provide IGW services for intemational outgoing and incoming calls rurd other
services as may bc dirccted by the Commission from time to time. IGW services providcrs shall
access to local subscribcrs through Interconncction Exchangc (lCX) and Access Netrvork Services
(ANS).

9.02 Intemational l elecommunicalion seNices except data communication shall bc routcd through
licensed lnterconnection Exchangcs (lCXs) and Tntemational Gateways (lGWs).

9.03 lGWs will havc physical connections with ICXS. ICXs will develop and maintain interconncction
facilities to connect thc IGWS to ICXS and ICXS to ANS opcrators via thcir PoPs as per
lntiastructue sharing and relevant guidelines and directives/instructions/dccisions rcgarding
intcrconnection issued by the commission liom time to time.

9.0,1 Location of th€ ICWS will prima ly be at Dhaka. More IGWs will be setup in othcr locations
depending on traffic volume and to allow more rural people to b(r connected u'ith thc nclwork as
al1d when requircd.

9.05 The Licenscc shall have primary connectivity towards lntemational network through authorized
I[,I)C opcrators.
9.06 The Licensee shall bc rcady to connect with ILDC at any places ofthe country as directed by the
Commission from timc to time.

9.07 lhc Licensee shall have monitorins system oi their total lral'iic and submit the information to the
Commission from time to time.

9.08 The Licensee shall have backup connectivity througll Satellite Eaflh Station/Vs^'t unlil
alternativc ILDC is available.
9.09 The Liccnsce shall have suflicient monitoring lbcilities of backup VSAT bandwidth. The status of
the VS,{T bandwidth utilization shall be submitted to the Commission from time to rimc.

9.I0 The I-icensee shall have to submit the status ofbandwidth utilization to thc Commission iiom timc
to time as directed bv the Commrssron.

Page 6 of 58

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9.ll All IGW Operators shall establish and maintain interconnection among ICWS so that onc
can carry the trallic il'the other fails. as and when necessary.
9.12 The Liccnsee shall enter into cnd to end Service Level Agreements (SLA) \\,'irh forcign canicrs
and will negotiate regarding fecs for call origination and tcrmination by themselves within the
provision ofdircctivcs from the Commission, ifthcre is any- Agrccd fccs and SLAs shall bc vcttcd
by the Commission.

9.13 l'he licensee shall providc necessary connections including necessary cquipmcnts and soliwarc
and, where applicable, IPLC monitoing fbcilities, to the Commission and 1() the t,lational
Monitodng Centre (NMC) for online and oflline monitoring and analyzing (]1'Ca]] Dcrail Rooord
(CDR), 'l'raffic Data, Log files, Call Accounting, Signalling, Quality of Service (QoS) and orhel
systems as may be directed by the Commission from time to rime.

9.l4 The T,icensee shall have the systcm arrangement to identify, block and climinatc illcgal trallic.

9.15 If the licensee has different typcs of licenses, thc licensec shall havc to havc scparatc physioal
inliastructure and location lbr each type of services. The licensee shall not be allowed to use same
switching system for diffcrcnt types of seiviccs undcl separatc liccnsc. IllCL. holding scparatc
)icenses, shall separate the infrastructurc under different licenses and notily the Commission.

9.16 In the case of clausc 9.15, the licensec shall have to maintain scparate accounting syslcm and
submit separate information, fees, charges, revenue share etc. to the Commission as dircctcd b_v
the Commission from timc to tinre.

9.17 The licensee shall allot bandwidth, infrastructure and monitoring l'acililics lbr thc VolP Scrvicc
Provider (VSP)s to connecl with the overseas carriers and provide necesscry a\srsr3nce as frer
provjsions statcd in Schedule-2 of Appendix-4 and shall ibllow thc diroctircs/
instructions/decisions ofthe Commission in this rcgard.

IO. ELIGIBILITY
10.01 IGW operator license will be issued or y to Bangladeshi entities (resident citizens, Non-rcsidcnl
tsangladcshi (NRll), proprietorships, paftnerships-under the Partnership Act, 1932 and companies
registercd under 'Joint Stock Companics and liims' undcr thc Companics Act, 1994). t;orcign
entities (citizens, companies or subsidiaries or holding companies) shall not bc cliSiblc to bc
Owners/ Directors/ Shareholders/ lnvestors/ Partners ofthese licensee entities.

1 0.02 One business entity will be allowed to get one license of IGW catcgory.

10.03 The existing IGW liccnsces or its shareholdcrs shall not be eligible to appty lbr anothcr IGW
license.

10.04 A person company / firm shall not bc eligiblc to apply for IGW liccnse, if thcrc arc anv
/
outstanding dues owed by him / it or any ofits directors / partners to the Commission.

10.05 VSP Licensee or any of its dircctors / paftners shall nol be eligible to apply lbr IGW liccnsc and
vice versa.

I l. SCOPE FOR EXISTING IGW LICENSI,I]S

The conditions of IGW licenses and guidclincs shall bc applicablc to and binding on all cxisting
IGW licensees loo.The Commission will issue a separate directive to the existing licensees in this
regard.
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12. RIGHT OF THE GOVERNMENT
'fhe Government reserves thc right to rcview the matters relating to fees,
charges, revenue sharing
and sharing of international incoming and outgoing call rate shari[g ol] thc liccnscs as pcr
provisions ofthe Act.

13. TECIINICALREQUIREMENTS
'lhc tcchnical requirements need to be lirllilled by lhc liccnscc arc dppcnJcJ hrrcuirh r-
Schcdule- 2 otAPPENDIX- 4.

1{. NETWORK ROLLOUT

'Ihc licensee shall establish and complcte the International Gateway Serviccs wilhin 6 (six)
months from the date on which thc license shall come into force unless the Govcmment decides
otherwise. Tn case offailure ofcommcncement within the slipulated time, 10% ofthc l,crlbrmancc
Bank Guarantcc will be encashed for each month or its fraction thcreol Whcn thc full
performance bank guarantee will be encashed by the Corninission 1_or lailwe ol_ commencement.
the Commission shall take necessary action to cancel the Licensc.

I5. I\ITIAL PUBLIC OFFERING

llach Licensee shall float Initial Public Offer (lPO) as per the policy/guidelines/dircctions/rulcs ol'
the Sccurity Exchange Commission ofBangladesh and in accordance with other prevailing laws of
Bangladesh within 3(three) years from the date of awarding the Licenses subject lt) lirltilling thc
rcquirements of the Laws and Regulations of Security and Exchange Commission (SlC) in this
regard. No permission will be required from thc Commission for tansfer of shares in Sccondary
Market after floating IPOs.

16. FEES AND CHARGES

16.01 The Commission may imposc ditierent fees and charges on thc Liccnsccs.

16.02 Following l'ees and charges will bc applicable to the applicanl/Licensee:

I Application Fee (non refundablc.l Tk. 50,000 ( Fifly Thousand) only

2. License Acquisition Fec Tk. 15,00,00,000 ( Filieen crore) onlv
3. Annual License Fee Ik.3,75,00,000 (lhrcc Cfofc Scvcnty |ivc Lac) only
Cross Revenue Sharing with BTRC.
:
icross Revenue Eaming by the
4. Liccnsee from incoming calls + 5t.75Vo
rhare of eamings after settlemcnt
hom outgoing calls).
5. lntemational incoming and outgoing A) For International incoming calls:
rall rate sharing with ICXS, ,ANS
md the Commission (a) International incoming call rates shall be decided
by the Commission. Which may be reviewed liom
ume |o tlme.

After deducting VAI (if applicablc) thc intcmational

incoming prcvailing call ratcs in I3angladcsh laka
(BD fJ shall be in lhe l;ll,ru ins Fr,'r,'niun:
'harcd
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 (i) IGW shall pay to ICX(s) l5% (fdiccn pcrccnt)
of thc call rates, and

(ii) IGW shall pay to ANS 20% (twcnt-y pcrccnt)

ofthe call rates.

B) For lnternational outgoing calls:

Intemational outgoing call rates and ovcrscas

settlement rates shall be approved bl the
Commission upon the licensees' proposal. 'lhcsc
rates may be reviewed from time to timc by the
Commission. lhc IGW liccnscc shal1 pay thc
settlcment amount to thc ovcrscas carricr. ANS shall
collect VAT (in BDT) during international outgoing
calls liom subscribers and shall pay VAl to thc
govemment. The revenue shall be calculated by the
following formula:

"2" Balance amount (in BDT) : Q.Jumber ofpulse

x X) lNumber of pulse x Y)

Where,

"X" = Call ratc (in BD I ) per pulse and

"Y" spccific scftlcment ratc (in BD I ) payahlc to
overseas carriers per pulse.

The pulses shall be equal for both "X" and "Y"

rates and to be determined bJ thc commission
whilc approving rates.

The"2" balance amount shall be sharcd among A\S,

IGW, ICX and the Commission according to the
following proportion:

(i) A.NS shallkeep 4070 (lbrty percent) 01 "2";

(ii) ANS shall pay l5% (fifteen percent) of '2" to

ICX(s);

(iii) ANS shall pay (Number ol'pulse x Y) and

15% (fifteen percent) of"2" to IGW;
(iv) ANS shall pay 30% (thirty pcrccnt) of "Z," to
the Commission.
6. Offer Security Money Tk. 1,00,00,000 (ttuee crore) only
'7. Performance Bank Guarantee 't'k. 15,00,00,000 (F'iliccn Crorc) only

Page 9 of 58

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16.03 The l,icensee shall pay all thc required l'ccs and charges without irny kind of dcduction within
the stipulated time frame mentioned hereinatier. All fees, chargcs ctc. rcquircd to bc paid by thc
Liccnsee are non-refundable and payable to Bangladesh Telecommunication Regulatory
Commission in thc tbrm ofbanl draft or pay ordcr liom any scheduled bank of Bangladcsh.

(u) Application Fec: The Applicant shall submit thc non-rclundablc Application Fcc ol l aka
50,000 (fiffy thousand) only in the lbrm ol pay ordcr/l3ank draft in favour of thc
Bangladcsh I clccommunication Regulatory Commission liom a schedule bank with the
application/ofl'cr.
(b) License Acquisition Feei The Licensee shall pay Taka 15,00,00.000 (fifteen crore) only al
one timc as thc Liccnse Acquisition fce within l0 (thirty) days from thc datc ofnolilication
ofawarding License.
(c.) Annual License Fee: The Licensee shall pay an annual License l'ee of'laka 3,75,00,000
(Three Crore Seventy Five l,ac) only within 60 (sixty) cregorian calendar days ofthc datc
ofissuance ofthe Licensc cvcry year.

loJ Revenue sharing with the Commission:

(D lhc Licenscc in addition to the above, shall pay 1() the Commission on a Ili-monthly
basis 51.75% (Fifty one point Seve[ Five percent) ofthe Gross rcvcnuc lrom thc
Intemational incoming and outgoing call rate sha.ing {clause 16.02(4)} within lhe
lirst 20 (twenty) Gregorian calcndar days at the cnd ofeach Bi-monthly cyclc.

(iD The total revenue sharing shall be reconcilcd on an annual basis bascd on thc
Licensee's auditcd accounts lbr that year and il thcrc has bccn any undcrpaymcnt
the balance must be paid within 60 (sixty) days at the end ofthe financial year (July
to June). In the evcnt of any overpayment by thc Liccnscc, thc Liccnscc may adiust
the excess amount against qua.terly paymcnts with the approval ofthe Commission
in thc ncxt year.

(e) International incoming and outgoing call rate sharing with ICXs, ANSs and
Commission:'lhe Licensee, in addition to the above. shall share revonue with thc lCXs
and ANS operators as per the table mentioncd above in the Clause 16.02(5).
(0 l'he Licensee shall pay other fees and charges as may be levied by the Commission l'rom
Llme to tlme.

(S) If Licensee fails to pay the fees, chargcs, ctc. in time, it shall bc liablc to pay a latc lcc of
15% (fifteen percent) per annum at a compound rate on the outstanding amount. I1'the
amount along with late fee is no1 paid in f'ull within 60 (sixty) days as stipulatcd, such
failure may result in cancellation ofthe License.
(h) 'lhc Govemmcnt shall approve new serwices, rates/ charges zrrd sh:ring ol lhe revenue
received from thc particular service.

17. OFFER SECURITY MONEY

17.01 fhe Applicant(s) shall submit Taka 3 (three) crore as offer security money in the form of bank
drall or pay order in lavor of Bangladesh Telecommunication Regulatory Commission while
submitting the ol}'er/proposal. This ol1br security money shall bc rcl'undcd to thc unsucccssl'ul
applicants within 30 (thidy) days of thc dcclaration of succcssful offcrcrs without bcaring any
liability towards interest, indexation, inllation or dellation.
Page l0 of 58
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17.02 The offer security money of thc successlul appli*urt(s) shall be adjustcd with thc Liccnsc
acquisition fcc.

17.03 Each successful sclected Applicant shall deposjt the license acquisition fee to the Commissidr in
the form of bank draft or pay order within 30 (thirty) days alier notilication of awarding Liconsc.
'l
hc Liccnsc will be issted upon receiving the license acquisition fee. If the offerer fails to pay thc
license acquisition fee within thc stipulated period, the ol'fercr shall lose thc right of asquisilion of
IGW license and offer security money shall automatically be forfeited.

18. PERFORMANCE BANK GUAR{NTEE

18.01 The Licensee shall fumish Performance Elank (;uarantcc ofTaka l5 (fifteen) crorc only in favour
of Bangladesh Telecommunication Rcgulatoty Commission within 30 (thifly) days liom thc dalc
oi-issuance of License in a prescribed form (Schedule-3) issued by a scheduled bank with a
minimum validity of 18 (eightccn) months.

18.02 Alier establishment of the Intemational Gateway Sewices within thc stipulatcd timc to thc satislaclion
of the Commission as per Technical Requirements appended as Schcdulc-2 of Appcndix-4 hcrcin.
50%o ol'the Perfbrmance Bank Guarantee shall be released in favour ofthe Licensee within 90 |1jnct))
Gregorian cale[dit days from the datc of commencemcnt. Thc rcmaining amount wil] bc wilh thc
Commission until the validity of the license. 'lhe licensee shall maintain remaining 50% ol the
Perlbmance B:urk Guarantee or an amount necessary to pay all thc ducs lbr thc volumc of thc
call/trafnc processed by the licensee. If thc ducs of a pMicular IGW exceeds Perlbrmance Bank
Guarantcc, thc Commission may reducefulock (whichever is appropriate lbr the c:se) the capaoily 01
that IGW till the fulfillment of the albresaid condition. For convenience of thc liccnscc. such ba,tk
guarantee may be replaced with the new one periodically with minimum one year validity. In case of
lai]ure ofcommencement within the stipulated timc, l0% ofthc Pcrlbmancc Bank Guaranlcc will bc
encashed for each month or its ftaction thereof. Commission may also encash the Perfomrance Bank
Gua&ntee to any extent to realizc the outslanding dues. When the i'ull Perlbrmance Bank Guarantcc
will be encashcd by thc Commission for failure of comnenccment or realizalion of dr.rcs, lhc
Commission shall tate appropdate action with rhe approval ofthe Covemment to cancel the ljcense.

19. COLLECTION OF REVENUE SHARE FROM VSP OPERATORS

19.01 IGW Licensee shall enter into a tripaftite SLA among the overseas carTiers and respcctjvc VSP
and collect the call termindtion chargcs fiom overscas calricr as pcr VSP opcrator Liccnsing
guidelines and/or any provision-/ directivc/ordcr as dcclared by the Government/ Cornmission in
this rcgard.

19.02 lGWs havc to maintain accounts lbr the connected VSPS and report to the conmission about the
incomc and paymcnt status as per direction ofthe Commission.

19.03 I(iWs shall makc paymcnt to respective VSP, lCX, ANS and the Commission liom thc sollcclcd
amount within 45 (forty-five) days from the last day ofthe relevant month.

20. RADIO EQUIPMENT AND SPECTRUM CHARCES

The rights gnurted to the Licensee do not include any right to use any radio frequenc] until such
frcqucncics are allocated/ assigned by thc Commission. [f any liequency is allocalcd. thc Liccnscc
will be obliged to pay all required fees and chargcs related to such frequencies as fixed b) the
Conmission. lf Licensce fails to pay the lees, charges, etc. in timc, it shall bc liablc 1() pay a latc
fee of 15% (fifteen percent) per annum at the compound ratc on thc outstanding amount. If thc
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 amount along with late fee is not paid in t'ull within 60 (sixty) days as stipulatcd, such failurc
may rcsult in canc€llation ofthc allocated ftequency. The payment conditions for liequency usagc
will be determined by the Commission folm timc to time which will be binding ro thc Liocnscc.

21. RADIO FREQUENCY ASSIGNMENT

21.01 lnterconnection bctwccrl/among the IGWs and ICXs shall be with Optical Fiber Cable (OI]C),
Co-axial cable ctc as pcr Infrastructure sharing and rclevant guidclincs and dircctivcs/ instructions/
decisions rcgarding intcrconnection issued by the commission from time to time. TCWS shall be
connected to ILDC or Satcllite Eath Station through OFC. Howcvcr, in cxocplional
circumstances. where it will not be possible to realize the above mentioned inlerconnection
through OFC only, the microwave and other radio system c:m be deployed with prior pemission
of the Commission. The Commission nay provide such permission for Microwave ljquipncnl
subjecl to the availability of liequency as per National Frequency Allocation l'lan (NIrAl') and in
conformity with the frequencics already :rllocated for the particular area undcr considcration.

21.02 The Licensee shall not import/purchasc any radio equipment for thcir nctwork lvithout taking prior
pemission of the Commission.

21.03 Assigned ftequencies and radio equipment are not transferable for any reason whatsoever.

21.0.1 lhc Commission reserves the ght to cancel the assigned frequencies for the need of National
Security or National Interest.

21.05 The Commission reserves the right to inspcct thc telecommunications installation/equipment and
systems ofthe licensee at any time without any prior nolice.

22. ACCOUNTING SYSTEM

22.01 lhe Commission reservcs thc right to issue accounting guidelines ltl the Licensee(s) from lime lo
time.

22.02 The Licensee(s) shall comply wjth all directions issued by the Comrnission wilh regard to
accounting separafon and the proper allocation ofcosts.

22.03 The Licensee(s) shall submit ceditied copies of its linarcial records with rcspcct 10 thc ycarl)
audited linancial statement of the company that will contain its balance shect, profit and loss
account and cash llow statements etc. The Commission shall havc thc rieht to acccss lo orisinals
of such records and accounts.

22.04 The Licensee(s) shall provide an auditing facility that can be accessed by the Comnlission to
verify thc rcpoficd seruiccs revenues. The Commission shall have thc acccss to Call ljctail liccord
and also to computerized accounting systcm ofthc licensee(s) as and when deemed necessary.

22.05 All financial transactions (in local and foreign currency) in rclation to thc Liccnsc shall bc madc
through Schedulcd Bank(s) mcntioned in the Bangladesh Bank Order. 1972. The Licensee(s) shall
inform the Commission of the dctails of the accounls in operation. Ihe Licensee(s) shall havc !o
submit monthly statement of all the accounts to the Commission within next 45 (fort1'-five) days
liom the last dav ofthe relevant monm.

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22.06 'lhc Commission or any person authorizcd by the Commission shall have the right to take
copies of rccords, documenls and other information reladng to the licensees' busincss ii)r thc
purpose of enabling Commission to pcftbrm its l'unctjons undcr thc Act and provisions in thc
llcense.

23, LICENSE AWARDING PROCEDURE

23.01 Ihc License(s) shall be awardcd through an evaluation process. The evaluation ol-lhe
offers/proposals shall be carried out in conlblmity with the provisions oi'AI,I,ENDIX-I having
total 100 marks.

23.02 lhe Cornmission will lbrm an ICW License Evaluation Committee to evaluate the applications
for IGW liccnse. l'he cornmittee will evaluate thc applications/ofltrs on thc basis of thc
documents/infomation submitted by thc applicant(s). Aftcr evaluation of thc applications
submitted, the Commission will sclcct the applicant subject 1() approval o1-the Government.

23.03 The Commission reservcs thc right and autho ty either to accept or b reject any application at any
time without assigning any reason $'hatsoever.

24. APPLICATION
2,1.01 Ihe applicant shall submit Applicatior/of1'er/proposal lbr IGW Serviccs Liccnsc to thc
Commission in the prescribed Form duly filled-in, signed and sealed, together/along u,ith all other
necessary attestcd documcnts aod information indicated in the prescribed lbrmat of lcttcr oi
transmittal as appended with these Guidelines at APPENDIX-2.

2,1.02 Thc Guidelines and prescribed format of Letter of Transmittal shall be available in the office of
thc Commission. These guidelines shall also be availablc in thc wcbsitc tbr inlbrmation.

25. SUBMISSION OF APPLICATION

25.01 The applicant shall complete the Lcttcr of TEnsmittal (APPENDIX-2) with supporting documents
and submit an Affidavit as per attached format (APPENDIX-3). Hc/it also submit thc information
and suppofling documents in linc with evaluation criteria (APPENDIX-l).

25.02 The application shall be madc only by the applicant's aulhorized personnel. The Commission
reserves thc right and authority to reject thc application if it is fbund that thc inlbrmalion or
documents provided for in the application is untruc, inaccuratc or incomplctc. I.iach pagc ofthc
application including offer documcnts has to be authenticated / signed by the aulhorized penonnel.
25.03 The applicant(s) shall submit 2 (two) copies of its application with all relevant documents of
which 01 (onc) shall bc original.

25.04 'lhc complctc application has to be submittcd to thc Commission in CD (non scanncd PI)l:
Format) form too.

26, INFORMATION PROVIDED BY THE COMMISSION

26.01 'lhc inlbrmation contained in these guidelines and any other information provided to the
applicants in writing during the Application proccss is intcndcd to assist usc applicants in thc
preprLration oftheir applications and shall bc binding on thcm in the coursc ofcvaluation proccss.

26.02 'fhe Commission has made and will continue to make reasonable ellbns 1() includc accuralc and
current inlbrmation in the guidclincs and in any other documenls provided to the Applicants.
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 However, ncithcf thc Commission nor any o1' the agencies. employees, reprcsentatives.
advisoN or consultants shall havc any liability whatsoever to any Applicant or to any of its
sharcholdcrs or members or any other person resulting from the use of any of thc information so
providcd. Applicants are encouraged to undertake their own verilication of any inlbrmation
supplied by the Commission p or to thc use ofor reliancc on such infbrmarion.

27, OTHERCOMMUNICATIONS
27.01 All deliveries. notices or other communications made to the applicants in conncction \\'ith thc
Application process shall be sent by post/ courier/ email/ l'ax or personal delivery 1() lhe contact
office of the offerer(s)/Applicant(s), as specilied by the Applicant to thc Commissior in his
application.

27.02 All dclivcrics, notices or olher communications made by the applicants to the Commission in
connection lvith the Application process shall be delivered to the Director (Liccnsing), Logal and
Liccnsing Division, Bangladesh Telecommunication Regulatory Commission, IliB Bhaban.
Ramna, Dhaka- 1000.

27.03 lhe Applicants/Offircrs are expected to carefully examine all infonnation, insbuctions.
Appendices and schedule givcn in this guideline.

28. CONFIDENTIALITYOFAPPLICATIONS
28.01 The Commission shall make all reasonable efforts to enswe confidentiality of ihe infbnnation
provided by the Applicants. However, neither the Commission nor any ofits agcncics, cmployccs,
representatives, advisors or consultants shall bc !iablc in any rcspcct whatsocver to any Applicant
or uury of its members or represcntatives 1br damages or harm resulting liom a lailure lo mainlain
such confidentiality.

28.02 Costs associated with Evaluation: 'lhe aDDlicants shall bear all thefu costs associated rvith thc
prepatation and submission of their appiicctions and thc Commrssion shall, in no casc. bc
rcsponsible for these or any other costs, regardless of the conduct or outcome of the application
process.

29. RESERVATION OF RICHTS

29.01 The Governmcnt rcscrvcs the right, in its sole discretion, to take any action, including amcndrnent
in these guidelines, $'hich it considers necessary to ensure that the Evaluation process lakes place
in a fair, opcn and transparcnt manner, in accordance with law and discourages collusion and
predatory evaluation that may block the entry ofpotential offerers into the evalualion proccss.

29.02 The Government further resewes tbe right in its sole discretion to modilytcmporaril) stoir/
terminate thc cvaluation process at any time, In case of termination of the evaluation process. the
offerers will apply to the Commission lbr returning the ()1lr Security Morey and it will rcturn thc
Oller Security Money to the applicant within 30 (thirty) days of such application without bearing
dny liability.

30. Ml,oRTS
30.01 The Licensee shall also bc rcquired to lirmish any inlbrmation on Systems. Services and Finance
at any time ifasked for by the Commtssron.

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i0.02 The Licensee shall publish Annual Reporl of the company within 3 (three) months of thc cnd o1'
cach financial year. 'lhe Commission may, from time to time, issue guidelines for the purpose as
regards its contcnts, which will be obligatory on the Licensee to follow. In addition, the T.icensee
shall submjt to the Commission 5 (five) copies of the audited financial statemcnt of the company
that will contain its balancc sheet, profit and loss account, cash flow stalements, number of clients
connected or waiting for connection etc.

3I. CANCELLATION, SUSPENSION OF LICENSE AND FINES

The Commission may cancel, suspend thc Liccnse and impose line and the Licensee shall be liable
for action as per Bangladesh Telecommunication Rcgulation Act,2001(as amcndcd) on thc
following ground including but not limited to
(D that any information l'urnished in the Application folm for obtaining the l-icense is found
incomecV false.

(iD that the applicant obtain thc License hiding the inlbrmation as mentioned bclow:

(a) He is an insane person;

(b) He has been sentenced by a cou undcr any law, othcr than this Aot, 10
imprisonment for a telm of 2 (two) years or more, and a period of 5 (five) years has
not clapscd since his releasc l'rom such imprisonment;

(c) He has been sentenced by a court ibr committing any oll'cncc undcr thc Act and a
period of 5 (five) years has not elapsed sincc his rclcasc from such imprisonnlcnt;

(d) e has been declared bankrupt by the Court and has not been discharged liom thc
liability of banlruptcy;
(c) He has been identified or declared by the Bangladesh Bank or by the coun or bv a
bank or financial institution as a defaulter loanee oflhat b:mk or institulioni

(f) Any of his Licenscs has been cancelled by the Commission at any timo during thc
last 5 (five) years;

(g) Tf prosecution is going on against the applicant(s) or its owner(s) or any of its
director(s) or partncr(s) fbr illegal call termination or lbr violation oflhe A.ct.

(iii) that rcquircd fccs and charges are not paid by the Licensee i$ per the lerms and conditions
of thc IGW License.

(iv) that the Licensee provide illcgal tralfic violating thc tcms and conditions of thc IGW
License.
(v) that any share is hansferred or issued without prior written permission of thc Comrnission.
("i) that any ofthe conditions ofthe IGW l-icense is violated.

(vii) that the licensee has disclosed or is involved with the disclosure of an)' infonnation to
anybody/ performing any illegal activitics that may hamper National Sccurity, lntcgrily,
Sovereignty, Stability, and Harhony;

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 (viii) that the Licensee is liquidated, bankupt or insolvent that an application lirr
declaration of bankuptcy or similar declaration or otder is filed by the Licenscc itsclf or a
third paty against the Licensec;
(ix) that case the Licensee has ceased to carry on business mcntioned in this licensc;
(x) that the licensee hides any information for any financial eamings to liLmish rcvcnuc
sharing to the Commission, or any relevant inlbrmation to its subscribcrs and/or thc
Commission; or l'urnishcs any false or wrong information to the Commission: or conduct
any tiaudulcnt activities; or
(xi) that the Licensee violates or puports to violale any sections/tcrms ald/or conditions undcr
thc Act/Any Regulations/Rulcs/Guidelines/Bye-laws/Dircctivcs/lnstructions,l Ordcrs/
Circulars/ Decisions ofthe Commission and/or the Government etc.

32. IMPACT OF SUSPI]NSION AND CANCELLATION OF LICENSI

32.01 In the event ofsuch suspension ofthe License under section 46 01'the Act. the Commission may
engage any agency or administrator by examining the financjal position, profit and loss of thc
Iicensee. The rate and fees of agency/administrator on such tenure shall be decided by lhc
Commission to opcratc and maintain the systems and scrvices in order to conlinuc \\'ith and l'ulfill
the obligations of the licensee towards its subscribers. The Licensee shall not have any claim 1or
any compensation or any right on the revenue lbr the samc.

i2.02 Camcellation or suspension of License lbr any reasons whatsoevcr shall not prcjudicc any othcr
legal rights or remedies of the Commission confened by the Act or any other law for the lime
being in force or the l,icense. Cancellation shall not relieve the Licensee Iron any obligalions
accrued and due under any law or this Liccnse.

33. STATUS
13.01 The information contained in this document is intended to assist intcrcstcd partics in applying for
the relevant Licenses. It does not bind thc Commission to any pafiicular course of aclion in
relation to the handling ofany application, or to the terms ol any Liccnsc to bc granlcd. or lo granl
any I-icense to any pafty.

33.02 These guidelines shall form an integral part ofthc license and vice-versa.

34. MISCELLANEOUS
34.01 The Licensee shall be ready for annual technical and financial audit. The audit team authorized by
the Commission shall have the ght for auditing technical and finzrncial posilion ol rmy Licensee
for any year. The l,iccnsee shall comply and shall fun sh all relevant inlbrmation and documcnts
a-s sought by the audit team.

14.02 The Licensee shall have obligation to contribute in social obligation fund as decided by the
Conmission under to the Act.

34.03 The licensee shall have to monitor all trallics passing through its systcm nctwork and to providc
the relevant information to the Commission from time to time.

34.04 The licensee shall be accountable to furnish information of all traffics to the Commission as
directed ftom timc to timc.

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3,1.05 This guideline and any License issued in pusuant to the process :rnnounced hcrcin shall be
exclusivcly subjected to, and interpreted in accordance with the provisions of the Act. lhc Rulcs
and the Regulations issued thereunder.

34.06 Any dispute, controversy or claim arising out of or in connection with this guidelinc, or thc
breach, termination or invalidity thereol shall be settled by the Commission and its decision shall
be final and binding to the licensee.

34.07 The Evaluation process, the accompanying documents, and all correspondence reiating 10 thc
process announced in this guideline shall be submitted in English language.

3,1.08 lhe Government at all time shall reserve the right to chirnge, alter, modily, amend, supplement or'
replace any or all of the Evaluation procedure before the Evaluation Date and such changc,
alteration, modification, amendment, supplement or replacement shall be communicatcd to the
Applicants and become an intcgral paft ofthe Evaluation procedure.

34.09 A generic lbrm of IGW Service License is attached for rcfcrence as APPENDIX-4.

14.10 All sections of the Bangladesh Telecommunication Rcgulation Act,200l (as amendcd) shall bc
applicable in every case.

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 API'ENDIX-I
[Clause 22 of the Guidelincsl

LICENSE AWARDING PROCEDURE (EVALUATION PROCESS)

Ihe License shall be awarded through an evaluation process. The Commission will lbrm an IGW Liccnsc
Evaluation Committcc (hcreinafter called the "Cornmittcc") to evaluate the applications for IGW license.
lhe committee will evaluate the applications/offers on the basis ofthe documenls/informalion submillcd
by the applicant(s). After cvaluation of the applications, the Commission will select thc applicant subject
1() approval of the Government. l he evaluation/selection criteria arc as follows:

I. EVALUATIONCRTTI]RIA
No. Item Descri tion 'l otal Marks
I Experience l13

Description of the applying organization. tsxperience/ knowledge of the company

or its shareholders, directors, employees, partners in the licld of
Telecommunication. M ment. Finance Indust es Busincss. etc.
2. Project Management and Implementation Plan

a. Systcm Network Block diagram with description

b. Implementation and management plan (detail of all aspects should bc
covereoJ
c. Implementation schedule (Gantt chad)
d. Contingcncy and backup plan description for timely projecl
implementation
e. Location and Number ofthe IGW and future plan for first 3 years
1'. Manasement stmtesy and futurc Dlan for thc duration ofthe license
Organogram and Management ofthe Entity
a. Organization chaft
b. Brief responsibility (job description) ofpersonnel and work groups as per
the organization chart
c. Provide details ofkey Personnel for following helds
i. Management & Administration
ii. Technical & Operations
iii. Financial
i\. Marketinc. Sales & Customer Cluc
Technical & Network Solution

a. System network diagram with description

b. Tcchnical systcm configuration including lechnical specification of major
equlpment.
c. Connectivity with ILDC opcrators and connectivity with ICX opcrators.
d. Quality of Service obligation fulfillment plan.
e. Detail system redundancy.
I Monitoring & Ll Compliance detail.
g. Connectivity with BTRC and NMC/LEA.
h. Systcm arrangcmcnt (o idenlily, block and eliminalc illcgel rraitlc.

Page l8 of58

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 I Market Stratesr
a. Detail ofmarkct assessment
b. Strategy for marketing
c.Conti mafKcr sccna o
Financial
a. Details of financial analysis as per technical, operations and nrarketing
plan. This shall includc total project cost and cost linancing pattcn!
assumptions for linancial analysis, together with projected five years
working capital, estimated total annual gross rcvcnuc, cost of scNiccs,
cost of administration and markcting, Profit and Loss calculation, IRR
calculation.

b. Total proposed investment for the projcct, of own financing and

olner sources

c.Supporting documentation regarding source ol l'und mobilization (bank

comfort letter source, other financial sourc€ detail
Risk Managcmcnt Plan
a. Risk identification

Corporate Social Responsibility

a. Dcscription the business strategy ofthc organization. llow the proposcd
strategy will cont bute to Bangladcsh's 'fclccom sector and subscribers.
b. Dcscription how the applicant proposes to undertake social commitments
and DarticiDate in nation buildinrr.
Total Marks r00
Notesl
i. Crite a / ltems should be described scparately and clcarly mcntioning thc itcm numbcr with
heading ofthe Criteria / Items.
ii. Applicants will be marked/asscssed in accordance with the critcda sct out in cach itcm.'lhc
best proposal / offer in each item shall obtain the highcst mark and othcrs will bc marked
accordingly.
2. SELECTION OF SUCCESSFULL OFFERERS
(a) ln order to ensure diversity, unintcrrupted tclecom gatcway soNiccs thc numbcr ol liccnscs
shall be decided by the Governmcnt. Liccnscs will be awarded as per the cvaluation ol'
submitted offers/proposals.
(b) Tte Commission will notify to the highcst scorers to receive the IGW licenses by deposiling
the Licensc Acquisition f'ee to the Commission within 30 (thirty) days alier the date 01 lhe
notifi cation of awarding license.

(c) This license acquisition fcc will be inclusive of offer secu ty money. lf any of thc sclcctcd
applicant(s) lails to pay the license acquisition fee within the stipulated period as mentioned
above, he/it shall lose the right ofacquisition oflGW liccnsc and his/its offcr sccurity moncy
willbe forfeited.

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 (d) ln this case, IGW Licensee will be offered to the next highest scorer. The Commission
will offcr IGW License to the next successlitl ot'ferers which will bc listed in dcscending
order according to the total score obtained in the evaluation process until succcssi'ul oilircr
willing to acquire the IGW license is found.

(c) Ifno
successful off'erer is fbund ready to get the IGW license, in this case the decision ofthe
Commission is 1inal.

(r) The Commission shall fod'eit the offer security money and all other amounts received lrom
the defaulting offerer(s).

(g) 'l he license shall only be issued after payment ofthc Licensc Acquisition |cc.

3. DISQUALIFICATION OF APPLICANTS DURING EVALUATION PROCESS

'Ihe Commission may, on thc recommendation of the IGW License Evaluation Committee.
disqualify any applicant and forfeit its money for any ofthe reasons set ou( belowl

1.01 If a succcssful offerer abandons the offcr or fails to pay thc license Acquisition lcc within l0
(lhirty) days after the date ofnotification ofawarding liccnsc-

3.02 Il willirl misrepresentation ofany facts in any part ofthe application is detected.
3.03 lfthe ofl'erer attempts to make illegal conduct in the Evaluation pfocedue or improper attenlpts to
influcncc thc outcome, or delay or disrupt thc process.

3.04 lf the offerer tries to adopt any "corrupt practjce" meaning the off'ering. giring. re(.'i\inF or
soliciting of an)'thing of valuc to influence the action of a public oflicial in rclation 10 liccnsirg
process provided in the guidelines.

3.05 If the offerer tries to avail any "ftaudulent practice" or misrepresentation oI the lacts in ordcr 1()
influence the results of thc licensing process establishcd by thc (iuidclinc.

1.06 Ifthc applicant is disqualified for any ofthe reasons set fo(h in this guideline.

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 APPENDIX _ 2
[Clause 23 of the Guidelinesl

LETTER OF TRANSMITTAL

International Gateway (IGW) Senices Liccnsc

A, Applicant Idcntity:

sL. Itcm

N:une of the Applicant

2. Registererl Ollice Address

t. Fixed Telephone & Mobile

4. f-ax

5. E-mail

6. Websitc

'1. Namc and dcsignation of Authorized

Signatory and Contact Person wlth
telephone number

B. Orsanization/Shareholders:

SI, Itcm Attached Not Attachcd llcmarks

Organization /
Company: Description of
/
lhe organization company background
including Ccrtilicate of
lncorporation,
Memorandum and Articles ol Association,
expedence ol- the company or of its
sharcholdcrs, directors, cmployees alrd
partnerc in cunent and previous business
venlules.

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 2. Stakeholders: List of shareholders with
details of equity ownership. l)escription of
Owners, shareholders, directors, pafiners,
associates, shareholding companies (and
thcir owners, directors). The individual
lcvcl evcntual ownership shall be
established and detailed resume of thosc
individuals should bc providcd.

C. Business Activities:

sL. Item Attached Not Attachcd Romarks

Details of Directors and Shareholders with

rcluity owncrship with rclation to other
icensccs and applicants for license along
,\.ith bio-data and photo

2. Most rcccnt interim financial results and

management accounts for applicant and its
shareholders/investors. Audited rcport ol
thc last 3 (thrcc) ycars (ifapplicable)

I). Following documcnts also nccd to be duly certified and attached with the Application l'orm:

sL. Item Attached Not Attached Ilcmarks

l Application in a Letter Head Pad

2. Relevrmt Fees in the Form of Pay

Order/Bank Drati (application fee and
ol1er security money)

Up to date VAT and Tax given to the

3. Government Fund in the last 3 (three)
years along with Income Tax Clcarance
Certilicate (if applicable) and TTN
Ccrtificate.
Sertified copics of cefiificate
4. Jemon"rraring ownership inrcrcst in
rpplication (if applicable)

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 . cnified cop) 0f Cenificole ol
5. lncorporation, MoA and AoA or
\greement of Partnership (ifapplicable )

6. Authorization to thc Authorized Signatory

(Resolution of The Board oI
Directors/Powcr of Attomey duly
Notarized )

Bank Solvency Ccrtificate in which bank

7. shall ceftify the total deposited money of
rhc applicanl. Commitmenl oI banl fLrr
giving loan for the proposed project
(Letter of comfofi from a scheduled
bank).

Trade License
8.
Copy of existing Liccnsc(s) issued by the
Commission in lhvour of the applicant (if
applicable).

10. Original copy of Notarized Affidavit (in

Tk. 150/- non-judicial stamp).

ll The applicant(s) shail submit 2(two)

copies of its application/offer with all
relevant documents of which 0l(onc)
shall bc original in an envelope/box
containing all necessary documents.
t2. The complete application offer has to be
submittcd to thc Commission in CD (non
scanned PDF Format) also.
13. f the applicant applied for IIG and tCX
icenses, he shall have to submit the
nfbmation aboul those application.
t4. Documcnts relating to ]lvaluation criteria.

ll. Declaration:

1 Has irny application 1br any license ofthc applicant/any share holdcrhartncr bccn rcjcctcd bclbrc'l Il
Yes [] No

Pagc 23 of 58 n<u,'--frP-n*-
N,l 1\. lalch Hossairl
l) .:.r()r,t i.tr5iiiri
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at.!rLn!ry roiLnLr;ifn
 Ifyes, please provide date ofapplication and reasons fbr rejection:

2. Do the Applicant/any Share Holder/Partner hold any other Operator Licenses from the Commission?
[] Yes [] No
Ifyes, please give details

3. Ilas any other License ofthc Applicanrany Sharc lloldcr/Partncr bccn rcjccted bclbrc?
ll Ycs U No
Ifyes, plcasc provide date ofapplication and reasons lbr rejection:

4. Were thc Applicants/its owner(s)/ any of its director(s)/ partner(s) involved in any illegal call
tcrmination? [] Yes [] No

I1 yes, please provide the following details:

i. Period ofTnvolvement in illegal activiticsl

ii. Case No (lfApplicable):
iii. Administrative line paid to thc Commission (lfApplicablc):
a. Amount (BDT):
b. Cheque No./ Bank Draft No.:

iv. Undertaking given to the Commission: [] Yes [] No

5. I/We hereby certify that I/We havc carefully read the guidelines/terms and conditions lbr lhc
Liccnsc and VWe undertake to comply with the terms and conditions therern.

6. l/We also hereby certify that I/We have carefully read the section 36 of Bangladesh
'l clccommunication Regulation Act, 2001 (as amended) and l/Wc arc not disqualilicd liom oblaining
the License.

7. I/We understand that if

at any time any information furnished for obtaining the l-iccnse is found
inconect then the Liccnsc if granted on the basis of such application shall be deemed to be cancelled
and shall be liable for action as per Bangladesh Telecommunication Regulation Act, 2001 (as
amended).

l)atel
Place:
Signature
Namc of the Applicant/Aulhori/cd
Signalory wilh Scal
Page 24 of 58

C\qn's--1a'---
M.r\. InlL,b t,ossarr
urf.itfrit i.eisirirl
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Li.!!.ti|n, CoDr.s|r
Not€:
Application without the submission ofcomplete documents and information will not bc accepted.
I
Payment should be made by a Pay order / Demand Draff in favor ofBangladesh Telecommunication
Regulatory Commission (BTRC).
I
Application fee is not refundable.
! Application will not be accepted if provided information do not fulfill the relevant terms and
conditions ofthe Commission issued at various time.

CI\w"ryT .'--^
Page 25 of58 M.A. Taleb Hossain
Dtr.cto' (Li.en!r,
Ba'8ladt i, Tcl!uonn,uni$rio!
Rcgdlatury ConDi5iion
 APPENDIX-3

lclause 24 ofthe Guidelines]

AFFIDAVIT

The undersigned, , oflegal age, and rcsiding at

(Name of OfficiaVlndividual applicant)

after having been duly swom deposcd states:

(Address)

L That he/she is the

(Official Capacity)

of
lName ofcompany/corpomtior/partrership/socJety/individual (the Applicanl))

duly organizcd under the laws of

(Name of Country)

OR

That he/she is the applicant for the License referred to below (thc Applicant), a citizen of

(Name of Country)the Peoples Republic of Bangladesh.

2. That personally, and as lor

(official Capacity)
and on behalfofthe Applicant he/she hereby cetifies:

a) lhat all statements made in the Applicant's application for a l,icense to establishemd maintain
Intemational Intemet Gateway Services and in the required attachments to that application are truc
and corect;

b) That this certification is made for the expressed purposc of an applicalion by

for a IGW License from the
(name)
tsangladesh'l'elecommunication Regulatory Commission;

c) That the Applicant will make available to the Commission or any other ofits authorizcd agencics
any information they may find necessary to ve ry any item in the application or regarding i1s
competence and gefleral reputation;

d) That the Applicant or its shareholdcr(s) has not held any IGW License

Page 26 of 58
Cf<q'".^-P"^",.
M.A Ialeb Hossai.
Di,rdor(L[rArr]
ir , : . ! . j filr(r
t.g I Ll i L,,,iddon
'
(r!u r.n ( llrslntr
 e) That the Applicant (where the Applicant is an individual) or the owner of thc Applicant or any
ofits directors or partners (wbere the Applicant is a company, corporation, partnership or socicty)l
(i) is nol an insane person;

(iD has not been sentenced by a court under any law, other than the Bangladesh
Telccommunication Regulation Act, 2001 (Act), to imprisonment for a term of 2 (two)
years or morc, other than sentences wherc a period 01 5 (fivc) years has clapsed sincc
his,4rer relcase from such imprisonment;

(iii) has not bccn sentenced by a court for commission ofany ol'Gncc under the Act other thiur
sentences where a period of 5 (livc) years has bcen elapsed since his/her rclcase liom
lmDnsonment:

(iv) has not been declared bankrupt by the court and has not been dischargod liom thc liability
ofbankruptcy;
(v) has not been identified or declared by the Bangladesh Bank or by the court or by a bank or
financial institution as a loan defaulter loanee ofthat bank or institution.

(ui) is cligible under clause l0 ofthe guidelines hereto; or

(vii) no proceeding is going on against the applicant(s) or its owner(s) or .u1y of its dircclor(s) or
partner(s) for illegal call termination or lbr violation of thc Act/Any Regulalions/
Rules/Guidelines/ByeJaws/Directives/ Instructions/Orders/ Circulars/ Decisions of thc
Commission and/or the Govemment etc

(viii) any license of his has not been cancelled by the Commissiol at any timc dufing thc last
5 (five) years.
(ix) he/it does not havc any outstanding ducs to the Commission.

That the undersigned is thc Applicant or is duly autho zed by the Applicant to make these representations
and to sign this affidavit.

Director/Secretary/Partner/Duly Authorised Representative/Attorney/lndividual

as or on behalfofthe ApDlicant

WITNESSES

2.

Subscribed and sworn to before me

this day of 20 at

Notary Public

Page 27 of 58

Nl.A. fal.b Hossarn

Drr{if it i!qr5'rr)
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 APPENDIX- 4 (Generic form ofIGW License)
lclause 33.09 of the Guidelinesl

U&-
BANGLADESH TELECOMMUNICATION
REGULATORY COMMISSION
IEB BHABAN, RAMNA, DHAKA-IOOO

OPERATORLICENSE

FOR

INTERNATIONAL GATEWAY (IGW) SERVICES

ISSUED

TO

UNDER

THE BANGLADESH TELECOMMUNICATION REGULATION ACT, 2OOI

ON TIIE

DAY OF ..........................20.....

Page 28 of58
 BANGLADESH TELECOMMUNICATION
ffi
REGULATORY COMMISSION
IEB BHABAN. RAMNA. DHAKA-IOOO

OPERATORLICENSE

F'OR

INTERNATIONAL GATEWAY (rcw) SERVTCES

ii
LICENSE NO: DATE: ]

In Exercise ofthe Power

under section 36 ofthe Bangladesh Telecommunication Regulation Act, 2001 (as amended)
(Act No. XVIII of2001)

BANGLADESH TELECOMMUNICATION REGULATORY COMMISSION

is pleased to grant the license in favour of

represented by its Chaimar/CEO,MDMP having registered office at

as an Operator of
Intemational Gateway (lCW) SeNices
in Bangladesh
whercby it is authorized
to establish, maintain and operate the associated systems and
provide services as specified in this license
ON NON-EXCLUSIVE BASIS
under the t€rms and conditions given in the following pages
including the schedules annexed hereto.

Page 29 of58
ft(1.^^-Y)-.r-
\4.A. f:,lcb Hossain
Dtr.cior rl ,r.nn i. )
A.d!ladc.L1 relcqorinruJicarion
Rcg! La(ory Comtrr$,o!
 TABLf, OF CONTENTS

Preamb1e.................... 4
L Interpretations and Definitions................ 5

2. Commencement and Duration ofthe License............................... 5

3. Renewalofthe License.......................... 5

4. Scope ofthe License............................. ................ 5

5. Systems and Services............................ 5

6. Right ofthe Govemrnent....................... 6

7. Initial Public Offerin9............................ 7

8. Fees and Charges .............. 7
9. Performance Bank Guarantee............... ............... 9
10. Collection of Revenue Share From VSP Operators. .. .. .. . . . -. .. 9
ll. Radio Equipment and spectrum charges 9
12. Radio Frequency Assignrnent............... l0
13. Facility Sharing.. .............. 10
14. Network Rollout. 10
15. Balanced Flow ofTraffic.................. ......... 10
16. Tariffs and Pricing....................... ......... l0
17. Billing................. lt
18. Technical Requirements....................... l1
19. Dispute Reso1ution................................ .............. I l
20. Accounting System..........-................... ............... 11
21. Changes in Management Structure....... 12
22. lnfomation, Inspection and Repofiing. 12
23. Reports............... ............... 12
24. Amendments...... 12
25.'Iransfer,Assignmentandpledgeassecurity............................. ............ l3
26. Cancellation, Suspension of License and Fines....................... ............... l3
27. Impact ofsuspension and Cancellation ofl-icense.................. 14
28. Miscellaneous.... ............... 14

Schedule-1lnteryretations,DefinitionsandAbbreviations............................................................ l6- 18
Schcdule -2 Technical Requirements of Intemational Intemet Gatcways (lGWs)....................... 19-26
Schedule -3 Pro-Forma of Pe.formance Bank Gua@nt€e ...........................2'7-30

of 58
Page 30
Ofrq.tnry>-*
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i{c'ruirtun (rorunrn'n
 ffir
BANGLADESH TELECOMMUNICATION
REGULATORY COMMISSION
IEB BHABAN. RAMNA. DHAKA-TOOO

INTERNATIONAL GATEWAY SERVICES OPERATOR LICENSE

Issued under section 36 ofBangladesh Telecommunication Rcgulation Act, 2001 (as amcndcd)

Thc Bangladcsh 'l clccommunication Regulatory Commission (hereinal'ter refcrred lo as thc

"Commission") has been empowered by the Govenmcnt under section 36 of the Ilangladesh
-l
elecommunication Regulation Act,2001(as amended) (hereinafter relaned to as the "Act") to issuc
l,icenses for the oDeration and provision oftelecommunication services.

Having given due consideration to the principles of lransparcncy, fairness, non-discrimination and
all other relevant principles, the Govemment has decided to issue Licenses on Intemational Catewav
Services.

Therefore, in exercise of the power undcr Scction 36 of the Bangladesh Telecomnlunication

Regulation Act, 2001 (as amended) Bangladesh Telecommunication Regulatory Commission is plcascd to
issuc

LICENSE

To

ii; ;;;i;;;fi;; ;; ::::::::::'

o1
l" '1i1""-:::1'"1y:
.... ... .,,, an
:*
as
opcrator to cstablish, maintain and operate International Gateway Services, subject to thc tcms and
conditions mentioned hereinaft er.

Page 3I of58
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l. INTERPRETATIONS AND DEFINITIONS
The interpretations and definitions of the tems used in this document are anncxcd hetewith as
SCHEDULE -1.

2. COMMENCEMENT AND DURATION OF THE LICENSE

2.01 'lhe license shall come into lbrce on this ............day of 20......(two
thousand....................-..............-.).

2.02 ljnless otherwise cancelled earlier, this License shall be valid for 15 (fifteen) years (ittilial tcrm)
liom the datc mcntioncd in Clausc 2.01 subicct to the paymcnt of annual license fccs. and
compliancc with the terms and conditions ofthis license.

.]. RENEWAL OF THE LICENSE

tjpon expiry ofthe initial term of 15 (fifteen) years, the License may bc rcnc\\,cd by thc
Clommission lbr subsequent terms, each of 5 (five) years in duration, subject to the satisfaction
ofthe Commission and upon fulfillment of necessary conditions, including lhc pa-vmcnl ol any
fees, as may be specilied herein and/or by the Governmcnt under the Act. 'l hc Liccnsee shall
submit the renewal application 6 (six) months prior to the expjry date of each term, injtial or
subscqucnt whatsoever.

,1. SCOPE OF THE LICf,NSE

,1.01 The Licensee shall establish, consfuct, operate and mainlain its appiicablc systcms lbr thc purposc
ofproviding thc scrviccs as dcscribcd in the Clausc no. 5.
4.02 l he Licensee shall comply with the provisions of the Act (as amended), the Wireless ]'clcgraphy
A.ct, 1933 and thc l'clcgraph Act. 1885 as modified liom time to timc and any
Rulcs/Regulations/Bye-laws/Directives/Guidclines/lnstructions/Orders/Circulars/ Decisions ctc.
issued from time lo lime by the Commission or the Goverirmcnt or any other Acl that may comc
into force in l'uture.

5. SYSTEMS AND SERVICES

5.01 lhe Licensee will providc IGW services lbr international outgoing and incorning calls and
other serviccs as may bc dircctcd by the Commission from time to time. IGW services
providers shall access to local subsc bers through lnterconnection Exchangc (lCX) and
Access Network Services (ANS).

5.02 International Telecommunication services (tcrminating to and originating liom Bangladesh) shall
be routed through licensed Interconnection Lxchanges (ICXs) and Tnternational Gateways (lGWs).

5.03 IGWS will have physical connections with lCXs. ICXs will develop and maintain intcrconnection
facilities to connect the IGWS to ICXS and lCXs to ANS operators via lhcir Po|s as pcr
Intiastructure sharing and rclcvant guidelines and directivcs/instructions/decisions regarding
interconnection issued by the commission from time to time.

5.04 Location of the IGWs will primarily be at Dhaka. More IGWs will be setup in othcr locations
depending on traffic volume and to allow more rural people 10 bc connectcd with thc network
as and when required.

Pagc 32 of58
GrQ.,'.'1a.'-
Nl.A. rrleLr Lnrlsar,
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5.05 lhc l,iccnscc shall have primary conncctivity towards Intemational network through
Licensed ILDC operalors.

5.06 Thc Liccnscc shall be ready to conncct with ILDC at any places ofthe country as directed by the
Commission from time to time.

5.07 lhe Licensee shall have monitorine svstcm of thcir total trallic and submit thc inlbrmation to lhe
Commission from time to time.

5.08 The licensee may use the Satellite Earth Statior/VSAT as back-up with the prior approval of fte
Commission until ahemalive ILDC is available.

5.09 The Licensee shall have sufficient monitoring facilities ofbackup VSAT bandwidth. lhc stalus ol'
the VSAT bandwidth utilization shall be submitted to the Commission from timc to time.

5.10 The Licensee shall havc to submit the status ofbandwidth utilization to the Commission iiom tinle
lo lime as direcled hy the Commission.

5.11 All tGW Operators shall establish and maintain intcrconncction among its own IGWS so that onc
can cany thc traffic ifthe other fails, as and \\'hen neccssary.

5.12 Ihc l,icensee shall enter into end to cnd SeNice Levcl Agreements (SLA) with foreign caniers
and will negotiate respective fees for call origination and termination by thcmsclvcs within thc
provision ofdircctivcs from the Commission, if there is any. Agrccd fccs and SLAS shall be vetled
by the Commission.

5.13 The licensee shall provide necessary conncctions including necessary equipments and soft$'arc
and, where applicable, IPLC monitoring lbcilitics, to the Commission and to thc National
Monitoring Centre (1.lMC) for online and offlinc monitoring and analyzing of Ca11 Detail Record
(CDR), Tmflic Data, Log files, Call Accounting, Signalling. Quality ol'Servicc (QoS) and othcr
systems as may be directed by the Commission from time to time.

) l4 fhe l,icensee shall havc the system arangement to identily, block and elimjnatc illcgal traffic.

J 15 If the licensee has different types of licenses, the licensee shall have to havc scparatc physical
infiastructure and location for each type ofservices. The licensee shall not be allowed to use same
switching systcm for diffbrcnt types of services under separate liccnsc. BTCL. holding scparalc
iicenses, shall separate the infrastructurc under dill'erent liccnscs and notify the Commission.

5.16 In the case of Clause 5.15, the licensee shall havc to maintain separate accounting system and
submit scparatc information, 1ies, charges, revenue share etc. lo the Commission as dircctccl by
thc Commission from timc to time.

5.17 The licensee shall allot bandwidth, infrastructure and monitoing facilitics for the VolP Servicc
Provider (VSP)S to connect with the overseas cariers and provide necessar) assistance xs fcr
provisions stated in Schedule-2 and shall tbllow the directives/instructions/decisions of the
Commission in this regard.

6. RIGHT OF THE GOVERNMENT

The Govemment reserves the right to review the matters relating to fees, charges, revenue sharing,
lntemational incoming and outgoing call rate sharing olthe license alIer every 5 (five) years o1 lhe
licensing period from the date ofthe issuance ofthc liccnsc as pcr provisions ofthc Act.

Pagc 33 of 58

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7. INITIAL PUBLIC OFFf,RING
Lach Licensee shall float Initial Public Offer (lPO) as per the policy/guidelincs/dircctions/rulcs of
thc Sccurity Exchangc Commission of Bangladesh and in accorddnce with othcr prcvailing laws of
Bangladcsh within 3 (three) years from the date of awarding the I-icenses subject to fullilling lhe
requirements ofthe Laws and Regulations of Security and Exchangc Commission (SEC) in this
rcgard. No permission will bc rcquired liom the Commission for transfer of sharcs in Secondary
Market after floating IPOS.

8. FRES AND CHARGES

'l'hc liccnsee shall pay the following lces and charges to thc commission without any deduction. lhe
Commission shall impose upon the Licensee different fees and charges. Some ol the chargcs or parl
thereofshall be in proportion to the Licensee's annual audited gross tumovcr.

8.01 Following fccs and chargcs arc applicable to the Licensee:

I Annual License lee Ik. 3,75,00,000 (Three Crore Sevcnty |ivc Lac)
2. Gross Revenue Sharing with BTRC.
(Gross Rcvcnue : Eaming by the
Liccnscc from incoming calls + 5t.15%
share of eamings after settlement
fiom outgoing calls).
3. Intemational incoming and outgoing A) For International incoming calls:
call rate sharing with lCXs, ANS
(a) International iocoming call ratcs shall bc
and the Commission
decided by the Commission which may be
reviewed from time to time.

Aftcr dcducting VAT (il applicablc) thc

intemational incoming prevaiiing call rates in
Bangladesh Taka (BDT) shall be shared in the
following proportionr

(i) IGW shall pay to ICX(S) 15% (iiileen

percent) ofthe prevailing call rates. and
(ii) IGW shall pay to ANS 20% (twcnly
percent) ofthe prevailing call rates.

B) For International outgoing calls:

lntemational outgoing call .ates and ovcrscas

settlement ratc shall bc approvcd by thc
Commission upon the licensees' proposal. 'lhcse
rates may be reviewed from time to tjme b) the
Commission. 'lhe IGW liccnscc shall pay thc
settlement amount to the ovefseas can'ier. ANS
shall collect VAT (in BDT) during intcrnalional
cutgoing calls from subscribers and shall pay VAT
lo the govemmen{. The revenue shall bc calculalcd
Pagc 34 of58

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lU.A. faleb I los-a1r'
DL {ir: U Li.LFLT ri
Lilli ll.L.l. r ftiJ$;Lr!r' r'1Ir0It
!l!3rlif rli (i\ior$io|
 by the following lbrmula:

"2" Balance amount (in IlDl) : (Numbcr ol

pulse x X) -(Number ofpulse x Y)

Wl1ere,

"X" = Call rate (in BDT) pcr pulsc and

"Y" spccific scttlcmcnl rate (in BD'l ) payablc to
ovcrscas carriers pcr pulsc.

The pulses shall be €qual

ratcs and to be dclermined hy thc commisrion
while approving ratcs,

fhe "Z" balancc amount shall be shared among

ANS, IGW ICX and thc Commission according kl
the following proportionl

(i) ANS shall keep 40% (fort), percent) ol-"2";

(ii) ANS shall pay 15% (fifteen perccnt) of "2"
to ICX(s);

(iii) ANS shall pay (Numbcr ofpulsc x Y) and

t 570 (fifteen percent) of"Z" to TCWI

(iv) ANS shall pay 30% (thirty percent) of "2"

to the Commission.
4. Perlbrmance Bank Guarantee Tk. 15,00,00,000 (fifteen Crore) only

13.02 'l hc l-iccnscc shall pay all the required fees within the stipulated timc liame mcntioncd hcrcinaltcr.
Al1 fces, charges etc. required to be paid by the Licensee are non-refundable and are payable in
favour to Bangladesh Tclccommunication Regulatory Commission in the form of bank dra1l or pay
order from any scheduled bank ofBangladcsh.

(a) Annual Licens€ Fee: 'lhc The Licensee shallpay an annual License lee of'laka 3,75,00,000
(Three Crore Seventy Five l,ac) only every year before ..............

(b) Revenue sharing \r ith the ( ommission:

(D The Licensee in addition to thc above, shall pay to thc Commissiorr on a Bi-monthLy
basis 51.75% (!-ifty one point Seven Five percent) of the Gross revenue from thc
International incoming and outgoing call rate sharing {clause-8.0i(2)} rvithin thc
lirst 20 (twenty) Gregodan calendar days at the end ofeach Bi-monthly cycle.

(ii) 'lhe total rcvenue sharing shall be reconciled on an annual basis based on the
Licensee's audited accounts for that year and iftherc has becn any undcrpaymcnt thc
balance must bc paid within 60 (sixty) days at the end of the financial year (July to
June). ln thc cvent ofany overpaymcnt by thc Liccnscc, thc Licensee may adjust any
excess :Lmount against quarterly payments with the approval of thc Cornmission in
tne next vear.

Page 35 of 58
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 (c) lnternational incoming and outgoing call rate sharing with ICXS, ANSS and
Commissionr The Licensee. in addition to the abovc. shall share revenue with the ICXs
and ANS opcrators as per the table mentioned above in the Clause 8.01.

(d) The Licensee shall pay othcr lies and charges as may bc lcvicd by thc Commission liom
time to time.

(e) IfLicensee fails to pay the fccs. charges, etc. in timc. it shall bc liablc to pay a late lec of
15% (fiftecn pcrccnt) pcr annum at compound rate on the outstanding iunount. lf thc
amount along with late fcc is not paid in lull within 60 (sixty) days as stipulatcd, such
tailure may result in cancellation ofthe License.

(1) Thc Govemrnent shall approve new services, rates/ charges and sharing of the revenue
received from thc particular service.

9. PERFORMANCE BANK GUARANTEE

9.01 'Ihe Licensee sl,all furnish Pcrformance Bank Guarantee of'l'aka 15 (lillecn) crorc only in larour
of Bangladesh Telecommunication Regulatory Commission \\'ithjn 30 (thifty) days frorn the datc
of issuancc of License in a prescribed form (Schcdulc-3) issued by a schedulcd bank wilh a
minimum validity of l8(eighteen) months.

9.02 After establishment ofthe Intemational Gateway SeFr'ices within the stipulated timc to thc satisl)ctio[
of thc Commission as per Technical Requirements appended as Schedule-2 of Appendlx 4 herein.
50o% ofthe Performance Bank Guarantee sh:rll be released in l'avour ofthe Licenscc wilhin 90 (ninct))
Gregorian calendar days liom the date of commencement. The remaining amourrt uill bc $ith thc
Commission until the validity of the liccnse. The liccnscc shall maintain rcmaining 50% of thc
Perlirrmance Bank Guarantee or an amount ncccssary to pay all the ducs for thc volurnc of thc
call/trallic processed by the liccnsee. If the dues of a particular IGW exceeds Perft)rmance Bank
Cuarantee. the Commission may rcduccAlock (whichever is appropriate lbr the casc) thc capacity o1'
that IGW till thc lulfillncnt of the aforesaid condition. |or convenience of the licensee. such bank
guarantee may be replaced with the new one periodically with minimum onc vcar validity. ln casc ol'
l'ailure ofcommencement within the stipulated time, l0% ofthe Performance Bank Guarantee rvill bc
encashcd for each month or its ftaction thereol Conmission may also encash the Perlbnnance Bank
Cuarantee to any extent to realize the outstanding dues. When the full Perlbrmance Bank Gu.lrantcc
will be encashcd by the Commission for failure of commencement or reaiization of dues. thc
Commission shall take appropriate action with the approval ofthe Covernnent to cancel the License.

IO. COLLECTION OF REVN,NUE SHARE FROM VSP OPERATORS

I 0.01 IGW Licenscc shall enter into a tripartite SLA among the olerseas carriers and respecrive VSP
and collect the call termination charges ftom overseas carrier as per VSP opcrator Liccnsing
guidelines and/or any new provision declared by the Government/ Commission in rhis rcgard.

10.02 lGWs have to maintain accounts lbr the connected VSPS and report to the commission abour rhc
payment status as per dircction ofthe Commission.

10.03 IGWs shall make payment to respective VSP, ICX and ANS and the Commission liom the
collected amount within 45 (forty five) days from the last day ofthc rclcvant monrh.

Page 36 of 58
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tl. RADIO EQUIPMENT AND SPECTRUM CHARGES
'l'he rights granted to the Licenscc do not include any ght to use any mdio licqucncy until such
frequencies are allocated/assigned by thc Conmission. lf any frequency is allocated. the Licensee
will be obliged to pay all required fees and cbarges related to such l'r:cqucncics as lixcd by thc
Commission. If Licensee fails to pay the fees, charges, etc. in timc, it shall be liable to pay a late
fee of 157o (fifteen percent) per annum at the compound rate on the outstanding amount. Ii thc
amount along with late lee is not paid in full within 60 (six1y) days as stipulatcd, such laiLurc may
result in cancellation ofthe allocated frequcncy. Ihe payment conditions for frequency usage uill
bc detemined by the Commission lbrm time to time which will bc binding to thc Lrccnscc.

12. RADIO FREQUENCY ASSIGNMENT

12.01 Interconnection between/among the IGWS and ICXS shall be with Optical Fiber Cable (OFC). Co-
axial cable etc as per lntiastructure sharing and relevant guidelincs and dircctivcs/ instrLrclions/
decisions regarding intcrconncction issued by the commission f'rom timc to timclcws shall be
connecled to ILDC or Salellite Earth Station through OFC. llowevcr, in cxccplional
circumstances, where it will lot be possible to realise the abovc mcntioncd intcrconncction
through OFC only, the microwave and other radio system can be deployed with prior permission
of the Commission. The Commission may provide such permission lbr Microu'avc I'lquipmcnl
subject to the availability of frequency as per National Frequency Allocation Plan [',IIAP) and in
conformity with the frequencies alrcady allocated ibr thc particular area under considcration.

12.02 I hc Liccnscc shall not import/purchase any radio equipment lbr thcir nctwork without taking prior
permission of thc Commission.

12.03 Assigned frequencies and radio equipments arc not transferable for any reason whatsoever.
12.04 The Commission reserves the right to cancel the assigned ftequencies for the need ol National
Security or National lntcrcst.

12.05 The Commission resenes the right to inspcct thc tclccommunications installatiortcquipmcnl and
systems ofthe licensee at any time without any prior notice.

I3. FACILITY SHARING

The Licensees may cooperate and share its inliastructure with othcr liccnscd opcrators *ith prior
approval of the Commission. The Commission may direct a Licensee to share,its lacilities with
others on ground of common irterest. Such dircction shall havc to bc complicd with by thc
licensee. The conditions of Infrastructurc Sharing Guidclines shall be applied to th€ l,icensees.

14. NETWORK ROLLOUT

'fhe licensee shall establish and complctc thc lntcmational Gateway Serviccs \\,ithin 6 (six)
months from the date on which the license shall come into force unless the Covemment decides
otherwise. [n casc offailurc ofcommencement within the stipulated time, l0olo ol the Perlirrmance
Ilalrk Guarantee will be encashed for each month or its fraction thcrcoll Whcn thc t'ull
perfomance bank guarantee will be encashed by thc Commission for failure of commcncemcnt,
the Commission shall take necessary action lo cancel the License.
I5. BALANCED FLOW OF TRAI'FIC
15.01 lo maintain balanced llow ol trafiic the Licensec must routc 90'% (nincty pcrccnl) ol its
intemational incoming traffic equally distributed through each ofthe ICX [,icensees.
Pase 37 of58

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15.02 lo maintain balanced llow of traffic each ofthe ICX Licensees must route 90'% (nincty pcrccnt) of
its outgoing international traffic equally distributcd through each ofthe IGW Liccnsces.
I6. TARIFFS AND PRICING

16.01 The Licensee shall not commencc with any ol'the services beforc obtaining writlcn approval ibr
its tariff from the Commission (as per the Act) and shall strictly comply with all dirccrivcs ofthc
Commissiol as may be issued ftom time to time.
I 6.02 I he Licensee shall seek the writtcn approval of the Commission bcforc making any chanSes to the
approvcd tarills.

16.03 'lhc Liccnscc shall submit to the Commission a copy oflhe agreements betwecn itsclf and thc
foreign carrier and/or ICXS along with detailed breakdown of tariff arrangement for vetring ofthe
Commission.

17. BILLINC
17.01 ' rc Liccnscc shall take all reasonable steps to enswe that its billing systems used in connection
with thc scrvicc arc rcliable and accurate and capablc ofgenerating billing inlbrmation in dil1i:rcnt
lbrmats including itemized billing.

17.02 lhe Licensee shall keep records of any billing in such form as may be specified b)' the
Comnission and shall supply/produce such records as and whcn rcquircd b,v thc Commission.

I8. TECHNICALREQUIREMENTS

Technical requircmcnts nced to be fulfilled by the Licensee are appended hercwith as Schcdulc-2.

19. DISPUTE RESOLUTION

In the event of any dil'ferences or disputes with other IOW Licensees or othcr licenscd tclccom
operators and failure to resolve thc differences or disputes amicably among themseives. thc
Liccnscc shall rel'er the matter to the Commission for resolution of the same. The decision ofthe
Commission in that rcgard shall be linal and binding upon thc partics.

20. ACCOUNTING SYSTEM

20.01 The Commission reserves thc ght to issue accounting guidelines lo the Licensee(s) liom tine to
time.

20.02 The Licensee(s) shall comply with all directions issued by the Commission with rcgard to
accounti[g separation and the propo allocation oi costs.

20.03 'lhc Licensee(s) shall submit certified copies of its linancial records with rcspcct 1{] thc yearly
audited financial statement of the company that will contain its balancc shcct, profit and loss
account al1d cash llow statements ctc. The Commission shall have the richt to access to oricinals
of such records and accounts-

20.04 The Licensee(s) shall provide an auditing facility that can be acccsscd by thc Cornmission to vcrilv
the rcportcd seraices revenues. lhe Commission shall havc the acccss to Call Detail Rccords and
also computcrized accounting system ofthe licensee(s) as and when deemed necessary.

Page 38 of 58
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20.05 All financial transactions (in local and forcign currency) in relation 1rl thc Liccnsc shail bc
made lhrough Scheduled Bank(s) mentjoncd in the llangladesh Bank Ordei. 1972. The
Licensee(s) shall inform thc Commission of the details of the accounts in operation. 'fhe
Licensee(s) shall have to submit montl y statement of all the accounts to the Cornmission q'ithin
10 (tcn) days ofthc following Gregorian calendar month.

20.06 'fhc Commission or any person authorized by the Commission shall have the right ro take copies
of rccords, documents and other information relating to thc liccnsccs' busincss lbr thc purposc of
enabling Commission to peform its functions under the Act and provisions in thc liceisc.

21. CHANGES IN MANAGEMENT STRUCTURD

21.01 The Licensee shall seek written approval of thc Commission bclbre making any changc in ils
ownership or shareholding. Any change in the ownership or shateholding shall not be valid or
cffective without the prior writtcn approval ofthe Commission.
21.02 All directors and sharcholders of the Licensee shall be resident Bangladeshi Cjtizen. The
Licensee shall neither transfer any share nor issue new shares without prior urirrcn pcrrnissiun
of the Commission. Shares shall not be transferred to anyone who is not a resident Bangladeshi
citizen and/or to any company which is not registered in tsangladcsh and sharcholders of which
are nor residenr R.rngladeshi ( irizen.

22, INFORMATION, TNSPECTION AND RIII'ORTING

22.01 The Licensec shall furnish necessary infomation and othcr rclatcd mattcrs as may be so[ght b]
the Commission from time to time.
22..02 'fhc Commission or any person authorized by the Commission shall have unfettercd right and
authority to take the copies of records, documents and other inlbrmation relaring to thc
Licensee's business, for thc purpose of enabling Commission to perform its functions under the
Acf and provisions in thc License.
22.03 the Commission or its authorized representatives shall have free access to the installations and
equipments of thc liccnsce and shall havc each and every right and autho ty to inspecl such
installations at any time and the Licenscc shall always providc all sorts oI coopcration and
assistance including but not limitcd to use of suitable office accommodation tbr the purpose of
inspe\ tion. te\rs and monilorint.
23. REPORTS
23.01 The l-icensee shall also be required to l'urnish any inlbrmation on Systems, Services and linancc
ar any rime ifasked for by rhe Commission.

23.02 'lhc Licensee shall publish Annual Repo( ofthe company within 3 (rhree) monlhs ofrhe end of
each financial year. The Commission may, from time to time, issuc guidclincs lbt the purpose as
tegards its contents, which will be obligatory on rhe Licensee to follou. In additiorr. thc Liccnscc
shall submit to the Commission 5 (five) copies of the audited financial statement of the conlpany
that will contain its balance sheet, profit and loss account, cash flow statenenls, numbcr ol clicnls
connectcd or waiting lbr connection etc.
21, AMENDMENTS
'lhc Commission with the approval of thc (iovernment has the right and authority 1() changc.
amend, vary or revoke any of the terms and conditions of this License and also to incomorate
Paqc 39 of58
 nl]w terms and conditions necessary for the intcrcst of national security! or puhlic interesi. or
any other reason, in consonance with the provisions of the Act, Rulcs and Regulations.

25. TRANSFI]R, ASSIGNMENT AND PLEDGE AS SECURITY

25.01 t'he Licensee shall inform the Commission all loan related information within 10 days ofthe
approval ofthe loan by any financial institution. The License shall no1 be assigned or plcdgcd as
secunly.

25.02 This License and any right accrued hereunder shall not be transferred, wholly or padl-v.

26. CANCELLATION, SUSPENSION OF LICENSE AND FINI'S

The Commission may cancel, suspend the License and impose fine and thc l.iccnscc shall bc
ljable for action as per Bangladesh Telecommunication Regulation Act,2001(as amended) on
the following ground including but not limited to

(i) that any information furnished in the Application form for obtaining thc Liccnsc is lbund
incorrect/ false.

(iD that the applicant obtain the License hiding the information as menrioned belo$l

(a) Hc is an insane person;

(b) Hc has bccn sentenced by a court under any law, othcr than this Act. to
imprisotunent for a term of 2 (two) years or more, and a period o1 5 (live) ycars has
not clapsed since his release from such imprisonment;

(c) He has been sentenced by a court for committing any offence under the Act and a
pcriod of 5 (fivc) years has not elapsed since his release liom such imprisonmcnt;

(d) He has been declared bankrupt by thc Court and has not been discharged from the
liability of bankruptcy;

(e) He has been idcntified or declared by the Bdngladesh Bank or by thc court or by a
bail< or finamcial institution as a defaulter loanee ofthat bank or institution;

(f) Any ofhis Licenses has been cancelled by thc Commission at any timc during thc
last 5 (five) years;

(C) lf prosecution is going on against the applicanl(s) or its ou,ner(s) or any ol ils
director(s) or partner(s) for illegal call termination or lbr violation ofthc Act.

(iiD that required lees and charges are not paid by the l-icensee as per the terms and condirions
of the IGW License.

(iu) that the Licensee provide illegal traflic violating the terms and conditions of thc tGW
License.

(v) that any share or is transferred or issued without prior written permission ol thc
Commission.

("i) that any ofthe conditions ofthe IGW Liccnsc is violated.

Page ,10 of 58

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 (vii) that the licensee has disclosed or is involved with fie disclosure of an) inlbmation to
anybody/ perlbrrning any illegal activitics that may hamper National Sccurit,v, lntcgrit,v.
Sovereignty, Stability, and Harmony;

(viii) that the Licensee is liquidated, bankupt or insolvcnt that an application for declaration 01-
banlcuptcy or similar declaration or order is filed by the Liccnscc itsclf or a third parl)
aeainst thc l,iccnsce:

(rx) that case the Licensee has ceascd to carrv on busincss mentioned in this liccnsc;

(xl that thc liccnscc hidcs any inlormation for any linancial camings 10 l'urnish rcvcnuc
sharing to the Commission, or any relevant information to its subscribcrs arrd/or thc
Commission; or fumishes any false or wrong information to the Commission; or conduct
any fraudulcnt activitics; or

(xr) that thc Liccnscc violatcs or purports to violate any sections/tcrms and/or condillons undcr
the Act/Any Regulations/Rules/Guidelines/BycJaws/Dircctivcs/lnstructions/ Orders/
Circulars/ Decisions ofthe Commission and,/or the Govemment etc.

27. IMPACT OF SUSPENSION AND CANCELLATION OF LICENSE

27.01 ln the event of such suspension of the License under section 46 of lhe Acl. the Commission may
cngagc any agency or administrator by examining the finzrncial position, prolit and loss of thc
licensee. The rate and fees of agency/administrator on such tenure shall be decided by the
Commission to opente and maintain thc systems and scNiccs in order to continuc with and l'ulllLl
the obligations of the licensee towards its subscribcrs. The Licensee shall not have any claim for
any compensation or any right on the reveflue for the same.

27.02 Cancellation or suspension of License for any reasons whatsoever shall not prejudice any other
lcgal rights or rernedies of the Commission confcncd by thc Act or any othcr law lor thc timc
being in force or the License. Cancellation shall not rclicvc thc Liccnscc from any obligations
accrucd and duc undcr any law or this License.

28. MISCELLANtrOUS

28.01 The Licensee shall be ready for annual technical and financial audit. The audit team authorizcd hy
the Conmission shall have the right for auditing technical and financial posilion ol'any Licensee
for any year. The Licensee shall comply and shall furnish all relevant inlomation and documcnls
as sought by thl] audit tcam.

28.02 'lhc Licensee shall have obligation to contribute in social obligation fund as dccidcd by thc
Cornission under to the Act.

28.03 The licensee shall have to monitor ail traffics passing through its system network and to providc
the relevant information to the Commission from time to time.

28.0'1 The licenscc shall be accountable to i'umish inlbrmation of all traffics to the Cotnmission as
desired from timc to time.

Page 4l of 58

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28.05 The I-icensee shall comply with all tems and conditions of this License, applicable lcgislation
including thc llangladcsh Tclccommunication Regulation Act, 2001 (as amcndcd) and any
applicable subsidiary legislation and all dircctions issued by the Commission from time lo limc.

28.06 The Licensee shall also comply with the provisions of any cxisting cnactment, the rules and rcgulations
made therc under by the Government and/or the Commission, and the changes and modifications including
ifry new enachnerls as may be considered expedient and necessary liom time to time.

28.07 Thc Commission reserves exclusive right and authority to explain or interpret any provision ol this
License, if any confusion arises regarding the actual sense or impoft of any provision of this
License. The explanation ofthc Commission shall be final and binding on the Liccnscc.

28.08 Violation of any ofthe conditions ofthe License shall render the License to bc canccllcd.

28.09 The Schedules, Appendices atulexed herewiti ard the rclated guidelines shall form integral pafi oflhe license.

28.l0 All conespondences shall be in writing and shall be sent to the l-icensee's registered place ofbusiness.

28.1I Unlcss othcrwisc stated

(a) all hcadings arc for convenience only and shall not affect the intetpretation of the
provisions of this License;

(b) the words impofiing the singular or plural shall be deemed to include the plural or singular
respectlvery;

tc.) any expression in masculinc gcnder shall denotc both gcnders;

(d) any reference in this l,icense to a person shall be deemed to include natural and legal personsr

\el all references to legislation or guidclines or directions issued by the Commission shall
include all amendments madc liom time to time;

(1) thc tcrm or' shall include'and but not vice rersa;

any reference in this License to *writing" or "writtcn" includes a refcrcncc to official

facsimile transmission, olficial e-mail, or comparable means of communication;

(h) rcfcrcnccs to Clauses, Sub-Clauses, Annexwe and Schedule are to Clauses, Sub-Clauses,
Anncxurc and Schcdule to this License, respectively.

28.12 None of the provisions of this License shall be deemed to have been waived by any act ol or
acquiescence on the part ofthe Commission, but only by an instrument in writing signcd / issucd
by the Commission. No waiver of any provision of this License shall be construed as a rvaiver of
any other provision or ofthc same provision on another occasion.

28.l3 The provisions ofthe Regulatory and I-icensing Guidelines lbr lntemational Gate\G)' (lGW) Scn,iccs
being No. Bl RC/LL/IGW(383/201 l-699. dated 20-10-201 I shall be an integral paft ofthis I-icense.

Page 42 of 58
28.13 l'his Liccnsc shall bc govcmcd by and construed in accordancc with the laws ol Bangladcsh.

28.15 This License is issued with the approval ofthc appropriate authority.

Signed on this ........................... day of....... ..................,20.....

for and on bchalf ofthe
Bangladesh Telecommunication Regulatory Commission

Director (Licensing)
Legal and Liccnsing Division
BTRC

Page 43 of 58 CKq'.,,-4--...
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 SCHEDULE. T

INTERPRETATIONS. DEFINITIONS AND ABBREVIATIONS

Unless the conlext olherwise requires, the different terms and expression used in the polic,v shall have the
fbllowing meaning assigned to them. The headings arc givcn for thc shake of convenicncc in thc polic)
and do not carry any special meaning.

l. "Access Network Servicc Operators" mcans the PSTN, Cellular mobile phone operator,
Broadband Wireless Access opcrator, Cable Service Provider, IPTSPS, ISPs etc. who havc a dircct
access to the subscribers.

2. "Act" means the Bangladesh Telecommunication Rcgulation Act, 2001 (Act No. XV Ill of 2001 )
(as amcndcd).

3. "Commission" mcans thc Bangladesh Telecommunication Regulatory Commission eslablished

under the Bangladesh Telecommunication Regulatio[ Act, 2001 (as amcnded).

4. "Call l)etail Records (CDR)" is generatcd by all types of switches and HIJB in the form of
binary or any othcr folm of lilc that includes all tlTes of records of outgoing and incoming calls
such as caller and called party number, origin and destination of calls, call duration, calling timc.
location. etc.

means the Intemalional Long Distance Cable consisting of Submarine Cable (SC) or'
-l'cnestrial
Cable (TC) or bo1h.

6. "ILDTS Policy" means thc Intemational Long Distance 'l eleconrmunication Scrvices l'olicy,
2010 (or to be lbrmulated by the Govemment from time to time).

7. "Interconnection Exchange (ICX)" refers to switching systems which provides interconnections

among the existing/future telecommunication network of thc opcrators and allows monitoring.
La\rflrl Tnterception (l,l) facilities and Roaming Numbcr Portability.
8. t'International Internet Gateway (IIG)" rcfcrs to switching systems through intcrnational data
traffic is sent and received. It allows compuler-based voice {raffic llow.
9. "International Gatcways (IGWS)" refcrs to switching systcms though which intemational voice
trallic (VoIP and clear channel) is sent and rcccivcd. IGW allows physical rnonitoring of thc
trallic flow.
10. "Il Telephony" means allowing voice traffic to travel over data networks using Internet Protocol.
Voice signals are brokcn down in to packcts, which go ovcr thc intcmct or pdvatcly owncd data
networks whcre Intemet Protocol is used.

1 L "IPTSP" means Internet Protocol Telephony Service Provider for providing IP 1'clcphony.
12. "ITU'! means Intemational Telecommunication Union.

ll. "License" mcans IGW License issued or deemed to have been issued bv the Commission undcr
Bangladesh 'l elecommunication Regulution Act, 2001 (as amendcd).

Page 44 of58
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l4 "Licensee" means any persortentity have been licensed (IGW) under the Biurgladesh
Telecommunication Regulation Act, 2001 (as amended).

15. "National Internet Exchange (NIX)" reLrs to swilching systcms through his all domcstic
intemet data communication will be routcd via NIX to minimize uses ofinternational bandrvidth.

16. "Next Generation Network (NGN)" is a packet based network able to provide services including
telecommunication services and ablc to make use of multiplc broadband, QoS-cnablcd transport
technologies and in which servicc rclaled lunctions are jndepcndcnt from undcrlying transport
rclatcd technologies. lt olIers unrestricted access by users 1() dil'ferent service providcN. I1
supports generalized mobility which will allow consistcnt and ubiquitous provision of sen ices to
uscrs.

17. "Operator" mcans an organization or a person licensed under the Bangladcsh

'I elecommunicarion Regulation Act, 2001 (as amcndcd) for cstablishing or uFcrating d
telecommunication system or providing tclccommunication services or operating a sysrem \\hich
is the combination or more than onc ofthose facililies.

18. "PBG" means Perforrnance Llank Guarantee fiom a scheduled Ilank mcntioncd in Bangladcsh
Bank Ordcr 1972 (P.O. No. 127 ol 1972).

19. "Point of Presence (POP)" mcans setting up of switching centcl and transmission ccntq of
appropriate capacity to provide on dcnand service of prescribcd quality and gradc of scrvicc in a
non -disc minatory manner.

2tj. "Pl,MN" mqrns Public Land Mobile Nctwork ibr providing land mobilc tclcphonc.
21. "PSTN" means Public Switched Telephone Network for providing to thc public.
22. "Quality of Servicc (QoS)" is evaluated on thc basis of mcasurcs on thc gradc of scrvicc, calls
lost duc to wrong proccssing, bit error rate, response time, acceptable number of laults per unit
subscribers scrvcd, and Mean Time To Restore (MTTR), l'aults carried over beyond thc M'l l R,
etc.

23. "Quarter" means a period ofthree months ofthe Gregorian calendar year.
21. "Regulation" mcans, rcgulations made or will bc madc in thc futurc by thc Commission undcr thc
Act.

25. "Telecommunication" means transmissiol and reception of any speech. sound. sign. signal.
writing, visual imagc and any other intellectual expression by the way of using clcctricity or
clcctro-magnetic or electro chenrical or electro-mechanical energy through cable, radio. optical
fiber or other clcctro-magnetic or clcctro chemical or clcctro-mechanical or satellile
communication system.

26. "'f elecommunication Seruice" means telecommunications services defined under seclion 2(15)
ofBangladcsh fclccommunication Regulation Act, 2001 (as amendcd).

27. "Telecommunication System" means Telecommunications Systcm dcfincd undcr scctior 2(13)
ofBangladesh Telecommunication Regulation Act, 2001 (as amended).

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28. "Tariff' means rates, charges payable by a subscriber/party for scrviccs providcd and rclatcd
co[ditions at which telecommunication serviccs may be provided including ratcs and related
conditions at which messages shall be transmittcd, deposits, installation fees. rentals. free calls.
usagcs chufgcs and any other related fees or service ch ge.

2(). "tElephone NUmber Mapping (ENUM)" is mapping of " lelephone Numbers" to Unifbrm
Resources Identifiers (URIS) using thc Domain Name System (DNS) in the domain el64.arpa.
ENUM enables the convergence between the PSTN/PLMN and Intemet.

10. "Voice ovcr lrternet Protocol (VoIP)" is the routing of voicc conversations ovcr thc lnlcrnct or
any other IP network. The voice data flows over a gencral-purpose packet-s$itched net\\'ork.

I1. Abbreviations:
(D ANS - Access Nctwork Services.
(iD BTRC - Bangladesh Telecommunication Rcgulatory Commission.
(iii) CALEA - The Communication Assistance for Law llnforcement Act
(us).
(iu) ETSI - Euopean Telecommunications Standard Institute
(v) ES - Euopcan Standard.
(vi) ICX - Interconnection Exchangc.
(vii) IGW - Intemational Cateways.
(viii) IIG - International lntemet Gatcway.
(ix) ILDC - International Long f)istancc Cablc
(x) lP - lntemet Protocol.
(xi) IPO - Initial Public Ofl'er.
(xii) IPTSP - Intemet Protocol Telephony Service Provider
(xiii) ISP - Internet Service Provider.
(xiv) ITC - Intemational Terrestrial Cable
(xv) LI - Lawful Intcrception.
(xvi) LEA - I-aw l-lnforcement Agency
(xvii) NFAP - Nalional Frequency Allocation Plan.
(xviii) NGN - Next Generation Network.
(xix) NMC - National Monitoring Centre
(xx) NIX - National Intemet Exchangc.
(xxi) OI.C - Optical Fiber Cable.
(xxii) POP - Point ofPresence.
(xxiii) PSTN - Public Switched telephone Network.
(xxiv) QoS - Quality ofService.
(xxv) SC - Submarinc Cable
(xxvi) SLA - Service Lcvel Agreement
(xxvii) STM-x - Synchronous Transfer Mode (Fibre Channel Card)
(xxviii)VolP - Voice over lntcmct Protocol.
(xxix) VSAT - Very Small Apcrturc lcrminal.
(xxx) BHCA - Busy HouI Call Attempts.
(xxxi) CC - Call Content.
(xxxii) IDM - Time Division Multiplexing.
(xxxiii)BSCCL - Uangladesh Submarine Cable Company Ltd.
(xxxiv)ODF - Optical Distribution Frame.
(xxxv) DDF - Digital Distribution Frame.

Page 46 of 58

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 SCIIEDULE -2

TECHNICAL REQUIR.EMENTS FOR INTERNATIONAL GATEWAYS (IGWs)

'l'hc International Voice Gateways to be installed must mcct the following minimum tcchnical
criteria.

l. TYPE OF SWITCHING TECHNOLOGY

t.0l The IGWS must have both circui( switching and packet switching technologics. lhc packct
swilching technology must have NGN functionalitics. These two types of switching tcchnologics
may be combined in a single system or in two separate systems located in the same pren,ise with
different accountability.

1 .02. lnternational Telecommunication services except data communication shall bc routcd rhrough thc
Intemational Gateway Exchanges (tGWs). Prior approval of Commission nould be rccluircd 1br
international "IFnsit Call Services' bctween two ovcrseas carriers.

2. LOCATION AND CAPACITY

2.01 Location of the IGWs will primarily be at Dhaka. More IGWs will be setup in other locations
depending on traffic volume and to allow more rural people to be connected with thc ncI\','ork as
and when required. For installing IGW(s) in other locations the licensee shall have to abide by the
decision ofthe Commission from timc to time.

2.02 Each IGW must have initial capacity to handle at least 20,000 concunent calls and shall havc
su1'ficient BHCA (Busy Hour Call Attcmpts) capacity considering standard acccptablc gradc o1'
service, average call holding time etc.

2.03 Ba-sed on taffic

forecasts of ICX and ANS Licensees, IGW Licensees will arrange capacitl'
expansion on 2 (two) months lead time basis.

2.01 IGW Licensees must anange for all tccbnical and opcrational facilitics to 1'ul1i11 SLA (Scnicc
Level Agreement) with ANSS and lCXs at national and international level \r'ith the proper
intbmation to BTRC.
3. TNTERFACE REQUIREMENTS
3.01 International Side:
Uoth'fDM and IP intcrfaces should be there at intematio[a] side. The conncctility shalL bc at
STM-I, STM-4 or Ethernet level with SEA-ME-W|-4 cable or any other level subjcct to
availability of the ILDC systcm(s) from authorized operator(s) in llangladcsh. llo\\cvcr. lbr
interface requirement, the IGW Licensee shall arrangc with ILI)C opcrator and l(iw Licenscc's
ovc$cas car cr.
3.02 NNtional side:

Initially, only TDM interlaces shall bc used at National sidc to connccl with thc lnlcroonncction
lxchanges (lCXt. The interface shall be in STM-X levei as available with ICX. An)' ne\\'
intcrface in this respect may be installed subjcct to permission ofthe Commrssron.
Page 47 of58

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1. SIGNALING/PROTOCOI,

4.01 The CCST Signalling shall bc uscd based on ITIJ-T White Book or latcr vcrsion. Morcover. il
shall be backward compatible with Uluc Book variants prcvailing in Bangladesh.

,1.02 On lntcmational side, in addition to CCS7, all standard NGN signalling protocol recommcnded b)
ITU-T and IETF shatl bc available. However, IGW Licensee js solely rcsponsiblc for intcr-
working with overseas operators.

4.03 The NGN equipment must support lPv6.

5. CONNECTIVITY
5.01 The IGW Licensee shall have connectivity with all ICXS l-icensees at national side. Arry suitablc
intcrconnection media may be used in S IM-x/Il-x levcl.

5.02 ICXS Licensee shall arrange to conncct with the IGws. -l'his intcrconncction nctwork shall bc
established, devcloped and maintained by ICXs Licensee Iniiastructure sharing and rclcvanl
guidelines and directives/instructions/decisions rega.djng intcrconncction issucd hy thc
Commission f'rom time to time

5.03 ICXs Licensee shaii arrange transmission media and necessary terminal equipment (if needed) up
to ODF/DDF of lGWs.

5.04 IGWS shall have primary connectivity with ovcrscas voicc carricrs/lP bandwidth providcrs
through ILDC. The IGWs Licensee will have to lease capacity from II,DC Operator and will have
to connect with overseas carriers at their own iurangement. Thc IGW Liccnscc shall arrangc to
reach the domestic PoPs of ILDC with suitablc transmission mcdia PoPs of I LI)C at I)haka. Cox's
Bazar or any other places as dccided by the Commission.

5.05 IGWs Licensee may anange back up connectivity through Satellite earth Station/VSAT until
altemate ILDC is available with prior permission ftom the Commission. This backup connectivily
may have the capability to cater minimum l0% ofthc total bandwidth carricd through ILI)C.
However depending upon the SLA with local A.NS/ICX Licensees, IGW Licensees will rmange
additional Satellite Earth Station/VsA I' capacify with pdor permission fiom thc Clonmission. ln
casc ofnew VSAT/Satellite Earth Station installation, it shall be in the IGW exchange premise(s).

5.06 IGWS shall have connectivity among themselves. ICWs shall be responsible for establishing thc
interconncction among themselves for canying traflic ifncccssary.

5.07 In case ofany Interfacing problem, the l-iccnscc who comcs latcr would bc rcsponsihlc to solvc
the problom rcgarding interconnection. For any dispute between the panies, the decision of the
Commission shall be frnal and binding upon all the parties.

5-08 IGWs wilJ have primary backbonc connectivity towards international nctwork through ILDC
nctwork (c.g BSCCL, Future Submarine Cable Opeiator, Terrestrial Cable Operator etc.).

5.09 lGWs will have backup connectivity through Satellite Earth Station/VSAT until the availability of
altemative ILDC network with self monitoring and thc systcm acccss to BIRC.'lhc Liccnscc
shall have to report and furnish the relavent documents to the Commission on monthly basis.

Page 48 of58
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5.10 IGWs will have physical connections with ICXS. lCXs will dcvclop and maintain
intcrconnection lacilities to connect the IGV/S to ICXS and lCXs to ANS operators via their PoPs
as per Infrastructure sharing and relevant guidelines and directives/instructions/dccisions
regarding interconnection issued by the Commission liom tine to timc.

5.11 lGWs will provide intemational voice call services including VoIP termination and origination
and also can provide other services with prior permission from thc B I RC.

5.12 IGW operators will arrange end to-end sen'ice level agreements and $'ill negotiate tariff *ith
overseas carricrs for call origination and tcmination by themselves. Agreed tarilfrvill bc vcttcd by
the Government/Commission.

5.13 l'he licensee shall have sufficient voice traflic monitoring system. The Liccnscc shall submit all
the monitoring information and document as directed by the Commission from timc to iimc.

5.14 lGWs shall allot bandwidth and Inliastructue in favor ofVSPs for intemational connectivitv rvith
overseas carriers-

5.15 IGWS shall arnnge for necessary capacities with ICXS to teminate the calls of VSPS to ANS
through ICXS.

5.16 lGWs shall provide support to VSPS for building-up connectivity with overseas caniers, s\itching
ofthe incoming calls for call termination to ANS operators through ICX, moniloring ol bandwidlh
utilization, extraction and storage of Call Detail Record (CDR), sending Call Dclail Recorcls
(CDR) to National Monitorirg Centre (NMC) for online and offline monitoring and anal-vsis.
storage and analysis of I raffic Data, Log files, Call Accounting, Signalling and Qualily ol'
Scrvicc (QoS) related infbrmation and other systems as may be directed by the Commission from
tlme to trmc.

5.17 IGWs shall provide support to VSPS to providc Calling [,ine ldentification (Cl,l) for International
Incoming calls and to idcntify, block and eliminate illegal traflic.

5.18 One VSP licensee shall be connected with only one lGW. VSPS shall be equally distributcd
among thc IGWS. The Commission shall determine the number ofVSPs for u'hich an IGW has to
provide bandwidth, lnfrastructurc aod other supports.

6. ECHO CANCELLATION

6.01 For circuit-switching, echo cancellation function shall mcct thc following rc.lLtircmcnts and
comply with the ITU-T recommendations G.165 and G.168.

6.02 The IGW shall adopt the echo canccllcrs lbr echo control o1-intemational crrcuils.

6.03 The echo cancellers shall contain thc 'tone disable' function $'ith eilher G.168 or G.16,1.

6.04 Enable or disable control ol lhe echo canceller shall be automatically made by soft*arc depcnding
on circuit connection status in addition to manual control.

6.05 The IGW shall ensure cnd-path delay up to 64ms and route specific settings ofparamctcrs such as
dclav etc.

Page 49 of58
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6.06 In case ofpacket-switching, appropriate echo cancellation mechanisrn shall be applied
complying the ITU-T G.165/G.168 standards.

7. SPEECH CODING

'7.01, The coding ofTDM voicc channels shall be according to Alaw as per ITU-I c.711.
7.02 The IGWs shall have standard ITIJ-T recommended coding techniques for the conversion ol-TDM
voice to packct as pcr thc spccification.

8. PACKI,T SWITCHING
In case of packet switching, the IGWS should support filx tones detection and transmission as pcr
ITU-T Recommendation T.38 (Procedures for real-time group 3 facsimile communicarion over IP
Net*orks).

9. TIME SYNCHRONIZATTON AND CLOCK ACCUIIACY

IGWs shall have the capability to keep time synchronization with the other Network Time
Protocol (NTP) server. IGW Liccnsee has to install NTP server.

10. NETWORK SECURITY

For Next Generation Network, the IGW Licensees shall follow code of practice for informatiorl
security as spccificd in ISO/IEC 17799 (later renamed as ISO/IDC 27002).

I r. LAWI'UL TNTERCEPTTON (LI)

11.01 The IGW shall be compliant as pcr ETSI ES 201 671 v.2.1.1.orCALEAJ.25D.

1 I .02 LI system of IGW shall be cxtended with proper redundancy to National Monitoring Ccntrc
(f.lMC) prcmiscs or Law Flnforcement Agency (LEA) premises including transmission mcdia,
olher necessary hardware and software for online and off-line monitoring, analysis ofCDR etc.

11.03 ICW Licensees shall provide high capacity storage media, as per requirement, to store bulk CDII
oflGW at NMC/LEA premises.
1 I .04 IGW Licensees shall provide lbr onJine listcning of Call Content (CC) as pcr t I Sl or CALEA
standards and storing ofCC as specified by NMC/[-EA.
11.05 Duration ofCDR and CC storage shall bc decided by thc Commission.

12. IGW SHOULD SUPPORT ENUM SERVICES

The system of licensee shall suppoft and compertable to ENUM seraiccs.

I3. CALL DETAIL RECORD (CDR)

l'he lGWs shall bc capable of generating CDRs and recording delail data ol all compleled calls
(both incoming and outgoing) for each of the circuit in any or all circtit groups. I hc following
call-related data (not limited to) shall be generated and recordcd in thc systcm. lhc IGW
l,icensees shall take prior approval from the Comnission rcgarding the CI)R format.

Page 50 of 58
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13.01 The CDR should contain at leasti but not limited tq the following fields for outgoing calls.

a) National Directory Number ofthe Calling Pafiy;

b) lntcmational Dircctory Numbcr ofthe Callcd Party;
c) Date and Time ofthe start ofthe call;
d) Date and Timc olthc cnd ofthe call;
e) Dumtion ofthc call;
f) Call Category (outgoing);
g) Outgoing Route Identifier (i.e., International sidc);
h) Incoming Route ldentifier (i.e., National side)
i) Charging status ofthc call (Chargeable/l'.lon chargeable)

I 3.02 The CDR should contain at leasti but not limited to the lbllowing liclds for incoming calls:

a) International Directory Number ofthe Calling Party;

b) National Directory Number oflhe Called Party;
c) Date and Time ofthe start ofthe call;
d) Date and Time ofthe end ofthc call;
e) Duration ofthe call;
I) Call Category (terminating or transit);
g) Outgoing Route ldentifier (i.e. National side for terminatirg)
h) Incoming Route Identilier (i.e. Intemational side)

13.03 The initiation ofcharge shall stafl upon receipt of answer signal from thc called subscriber and the
charging shall stop when either parly releases the call.

13.04 CDR back up and call content storage as per LI (Lawful Interception) compliancc rcquirement and
traffic requirement by BTRC are to be maintained.

13.05 Activation ofthc CDR rccording shall be by delbult for any circuit or circuit group. Wilhoul CDR
any call must not bc allowcd.

14. The IGWs shall submit monthly reports showing daily call summary as p€r Commission
approved format. The minimum, but not limited to, requirement of datr shall be as follows:

14.01 International Out going calls:

a) Total ofcalls and paid minutes

no.
b) Total ofcalls and paid minutes for each canier for every deslinarion
no.
c) Total ofcalls and paid minutes for each ICX for every destination
no.
d) Total ofcalls and paid minutes for each ANS for every destination through cach lCX
no.
e) Total no. of transit calls and paid minutes showing carrier, destinaiion and origination
(rcw, rcx, ANs)
1'1.02 International lncoming calls:

a) Total no. ofcalls and paid minutes

b) Total no. of calls and paid minutes for each ca ier for every destination (lCX and ANS)
c) Total no. ofcalls and paid minutes for each carrier lbr every o ginatiofl
d) 'l otal no. oltransit calls and paid minutes showing carrier and destination (lGW and ANS)

Page 51 ol58
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14.03 International Transit Calls: For transiting international calls between two ovcrseas carrlers.
thc IGW I-icensees shall follow Commission's reporting lbrmat.

I5. CDRDATA PROTECTION

There shall have enough protection against erasure or corruplion of CI)R in case of system
shutdo$m, power failwe, clcctro-magnctic interlerencc, clectrical & lightning surgcs, l'ault
conditions, illcgal access and wrong commands or card inscrtion. 'Ihe rccords shall also be
protecled againsl any change-over or reset due to fault in hard disks or by :ury manual or by
soliware means.

16. LOG RECORDING FACILITY

The lGWs must have log file facilities to tecord all types ol'system mcssagcs, 1aull and alarm
messages, maintenance records elc. Records of all exccutcd commands shall also be kept in log
iilcs and these files shall be stored in system hard disk. fhe Logs must not be editable and shall bc
on at all times. The system shall also provide the l'acility to dump this logs to nlaintenance
tcminals, on request and/ or automatically, and to secondary memory devices for sloragc l-og
files shall be stored to meet LI compliance and audit trailing.

17. REJECTION OF INCOMING CALLS

'l hc IGWs shall have the capability to reject termination and/or block proccssing of incoming calls
vla any rourc oy:

a) Identifying the incoming route number

b) ldentilying the Number ol'the Calling pa y
c) Identifying the ca11ed party number

I8. REJECTION OF TRANSIT CALLS

The IGWs shall have the capability to reject terminalion and/or block processing of transit calls
vra any rourc oy:

a) Identifying the called party number

b) Identifying leading digits ofthe destination number
c) ldcntifying the outgoing route numbcr

I9. ANNOUNCEMENTS
lhe.ystem shall hare the foll.ruing prorisions:
a) Provide embedded announcement functions
b) Register announcements to be played.
c) Broadcast thc supportcd announcements.
d) Rcqucst thc ICX/ANS exchanges to play announcements.

2I'J. QUALITY OF SERVICE STANDARDS

20.01 For TDM-based voice service, the Licensee shall be responsiblc for cnsuring that voice passes
through its network shall have minimum loss. The guideline lbr minimum QoS is Mcan Opinion
Score >:4.34 or R-scalc >:90 based on ITU-T Recommcndation G.107.

Page 52 of 58

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20.02 For IP-based voicc service, the Licensee shall bc responsible for ensuring that voicc passes
thtrough its network with minimum voice loss. The guideline for minimum QoS is Mean Opinion
Score >=4.03 or R-scale >:80 based on ITU-T Recommendation G. | 07.

20.03 Testing reports shall be made available to Commission periodically, as fixed by Commission,
showing that minimum QoS level is being met.

20.04 Thc lGWs shall maintain rccords that demonstrate the manner and extcnt to \\'hich thc QoS
standards have been complied with and shall lumish a certilied copy of such records to
Commission on morthly basis. The Commission may publish such QoS slalislics on a rcgular
basls.

20.05 The lGWs shall comply with all QoS standards imposed by Commission. Commission reserves
the right to modily the QoS objectives ftom time to time for st ct compliance.

21. PERTORMANCT] MONITORTNG BY THE COMMISSION

2L0l The IGW Licensees shall extend one of its O & M (Operation and Maintenancc) (lontrol Console
at Commission premise 1br viewing real-time trafllc and call data and saving traffic data, loB lilcs
and CDR dumps. The ICW Licensees shall arrange the connectivity of sul'ficienl spccd/band$idth
to lacilitatc smooth monitoring. lhe tcminal shall be with original soliware and hardnare lo
properly communicate with the IGW's O & M software. The IGW Liccnscc shall cxlcnd
maintenance support ol the supplied syslem.

2l .02 The terminal shall be equipped with sufficient primary stomge and externdl sloragc to maintain
traffic data, Iog liles and CDR dump tbr 6 (six) months.

21.03 The IGW l-icensccs shall providc rcmote acccss to the log files from the terminal installcd at
Commission for inspection and storage including VSAT teminals.

21.04 The IGW Licensees shall arrange to continually save CDRSol'all calls in thc llard Disk ol thc
tcrminal at Commission premises in pre-fixed regular intervals ol l5 minutcs.

2l .05 fhe IGW Licensees shall also provide customized soliwarc for processing and/or de-coding (if
required) ofthe CDR Dump displaying and printing outputs (f)/ an)1, meny or all circuils.tcircuil
groups) in tabular formats. as fixed by the Commission.

2l .06 Thc IGW Liccnsces shall arrange training programs (at homc and abrond) lbr pcrsonncl nominatcd
by the Commission to enable them to monitor IGW and LI equipment.

21.07 Ihe IGw l-icensees shall provide facility to Commission to continually observe lraflic and
perlbrmancc-rclaicd data on any or all of the individual trunk circuit groups/links. 'lherc shall bc
provision to record and print (if requircd) results ofsuch observations after pre-set period. At least
the lbllowing counters have to be provided. Traffic measurement time interval shall bc % hour, %
Halfhour, % hour, t hour and daily basis.
2t.0'1.1. For the system
(a) Number oftotal Incoming calls presented per minute
(b) Nunber ol'lotal Outgoing calis presented per minutc
(c) Numbcr oftotal Transit calls presented pcr minutc
(d) Total no. ofsuccessful and unsuccessful calls (detail)

Page 53 of 58
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 21.0'1.2 For every circuit group
(a) Number oflnward calls presented per minule
(b) Number ofOutward calls presentcd per minute
(c) Number ofcircuits engaged for incoming calls
(d) Number ofcircuits engaged for outgoing calls
(c) Number ofcircuits in use
(l) Number ofequipped circuits
(g) Number ofincoming scizures relused
(h) Number ofoutgoing scizures refused
(D Total number ofsuccessful calls
C) Percentage ofsuccessl'ul Incoming calls
(k) Percenlage ofsuccessful Outgoing calls
21.07.3 For a destination
(a) Observationofcalldistribution
(b) Obscrvation on causes ofcall failure
2l.D'1.4 Measurement of Traffic Volume in Paid Minutc
(a) Total originating traftic
(b) Total tcrminating haflic
(c) Total Transit traffic
(d) Outgoing tratlc per route
(e) Incoming traffic per route
(1) Outgoing tralllc per destina(ion
(g) Outgoing traffic per circuit group
21.08 The IGW Licensees shall arrange the thcility to provide hourly and daily outpul ofroutinc lrallic
data. 'fhc format shall contain any or many of thc counters detailed above as required by the
Commission.
21.09 The IGWs shall havc provision for saving & printing of Tralfic Data./Pcrfomance measuremenl
data. Following facilities should be provided.

21.10 The IGWS shall have facility to savc any or many scts of traffic observation data ourput in the
terminal hard disk.
2l.l I There shall be facility to transfer those data to extemal storage devices

21.12 The IGW Licensee shall provide facilities lbr printing different traffic/measuremenl dala liom
O&M tetminal at rhe Commission premiccs.
22. TRAFFIC SHARING CONTROL
In casc of usc of altcrnate/multiple routes, traffic sharing shall be in percentagc. Scttiig of trafllc
volume in percentage in a route shall be under MML commands.

23. OTHER REQUIREMENTS

23.01 IGWS shall ensure 99.99902 serr'ice availability.

21.02 IGW Licensee shall provide 2411 support to interconnecting exchanges and be manned by
qualified personnel.
23.03 The Commission reserves thc right to modify the above requirements as and when lelt necessary.
Page 54 of 58

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 SCHEDULE-3

PRO-FORMA OF PERFORMANCE BANK GUARANTEI,]

[Non-lutlicial StampJ

lDatel

lName oi Bank] lltcrcinafter called the Bank)

lAddressl

'loi l hc Bangladesh Telecommunication Regulatory Commission

f^ddressl

Subicct: Bank Guarantcc No.: dated: for'l k. 15,00,00,000 (Taka filteen

crore) only in favour of"The Bangladesh Telccommunication Regulatory Commission".

Dcar Sir.

'Ihis Bank Cuarantee (hereinafter called the Guamntee) is jssued pursuant to thc clausc........ of thc
liccnsc no. -------- datedr ----------- for opemting and maintaining of Intcrnational Gate in rhe country
grantcd to ---------- (hereinafter called the licensee) by the Bangladesh Telecommunication I{cgulator!
Commission (hereinaller called the Commission) under thc Bangladesh Telecommunication Regulation
Act, 2001 (as amended)

ihis Guarantee will serve as security deposit for l'ulfillment of Licensee's performance obligations under
thc terms and conditions of the License. The withdrawal request fiom and lbrm lbr rcduclion o1'
guaranleed amount arc anncxed herewith as form-1 and form-2 respectively.
In casc of failure ofcommencement within the stipulated time, 107o ofthe Perlorm:urce Baik Guarantcc
wiil be enca-shed fbr each month or its fraction thereof. When thc full performance bank guarantce $ill be
cncashed by the Commission lbr failure ofcommencement! thc Commission shall take neccssarv aclion 1()
cancel the License.
'l hc Bank hereby irrevocably guar:ultees and undertakes to pay to the Commission. any or all sums up to
the amount of Tk. 15.00,00,000 (Taka fifteen Crore) only as described in the regulatory and liccnsing
guidclines for invitation of applications for issuing International Gateway Scrvicc liccnse as decided by
thc Commission in accordance with the following tcrms and conditionsl

(a) Palnent shall be made by the Bank within the same business day of the reccipl of any
w ttcn dcmand by thc Commission;

(b) Thc writtcn dcmand by the Commission is made substantially in the fonn in thc iurncxcd
Form-l and executed by an authorised rcprcscntative ofthe Commission;
c) Payment is made unconditionally and without reservation including the nced for an-v
rel'erence to a third party or the Licensee zmd without thc nccd tbr any cvidcncc or prool;
Paqc 55 of 58

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 (d) Pa)'nent is to be made in Taka by crossed cheque in favour of the Bangladesh
T€lecommunication Regulatory Commission
This Guarantee is irrevocable and shall remain in force for 2 (two) year from the date hereoi

'l he Bank shall not be discharged

or released from its obligations under this Guarantee unless it has paid
any or all sums up to the amount as stated in the License and this has been confirmed in writing by the
Commission.

This Guarantee shall be govemed and construed in accordance with the relevant laws of Bangladesh.

Signed by,

Jbr and on behalf of:

Name ofBank

WITNf,SS
l.

Signature

Name

Address

date

2.

Signature

Name

Address

date

Page 56 of58
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 FORM-1

WITHDRAWAL REQUEST FORM

llefterhead of the Commission]

JDatel

'lo: [Nane ofBank]

lAddrcssl

SUBJECT: REQUEST FOR PAYMENT OF BANK GUARANTEE AGAINST SECURITY

DEPOSIT.

Dear Sir,

This is with reference to the bank guarantee dal€d ldatel issued by you on behalf of [Licensee].

We wish to inform you that [Licensee] has failed to meet its obligations under the License.

Kindly let us have payment ofthe sum of [ ] in accordance with the tems and conditions
ofthe bank guarantee.

lName of Authorized Representative ofthe Commission]

lbr and on behalfof
Bangladesh Telecommwdcation Regulatory Commission

Page 57 of58
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 FORM _ 2

FORM FOR Rf,DUCTION OF GUARANTEED AMOUNT

ILetterhead of Licensee]

IDatel
'I or 'Ihe Bangladesh Telecommunication Regulatory Commission
[Address].

Dear Sir,

SUBJECT: REQUf,ST FOR REDUCTION IN PERT.ORMANCE BANK GUARANTI]E

This is with reference to the performance bank guarantee datet I date ] (hereinafter called the
Guamntee) issued by I Bank] on behalf of llicenseel.

We confirm that we have discharged all of our obligations under the License and have achieved thc targct
set by the Commission based under terms and conditions of the License.

We wish to request that the Guarant€e be rcduced accordingly.

INdme of author ized representath'e of Lice nseel

for and on behalf of

LLice seef

Page 58 of58
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