HC directs BTRC to allocate Spice TV frequency

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Staff Reporter :
The High Court has directed the Chairman of the Bangladesh Telecommuni -cation Regulatory Commission (BTRC) to allocate permanent frequency in favour of the Spice Television Limited (Spice TV) within two months.
The court declared a ruling issued in this regard absolute, and directed the BTRC chairman to do the needful in terms of the ruling in accordance with law at the earliest preferably within two months on receipt of this judgment and order. The High Court bench of Justice Md Ashfaqul Islam and Justice Mohammad Ali delivered the verdict after hearing a writ petition filed in this regard.
The court delivered the short verdict on September 13 in 2020, and released the full text of the verdict on Sunday.
Late Barrister Moudud Ahmed and Syed Tazrul Hossain appeared in the court on behalf of the Spice Television Private Limited, while Advocate AKM Alamgir Parvez represented the BTRC.
Following a writ petition filed by the authorities of the ‘Spice Television Private Limited’ the High Court bench on March 14 in 2019 issued a ruling upon the respondents to show cause as to why the Chairman of the BTRC should not be directed to allocate frequency in favour of the Spice Television Limited (Spice TV).
The court at the same time also asked the BTRC Chairman to dispose of a petition filed by the Spice TV on August 27 in 2017 praying for allocating frequency for running the Television Channel under the name and style Spice TV within one month.
After holding hearing, the court declared the ruling absolute and made the direction to the BTRC.
The TV channel got permission from the information ministry on August 9 in 2017 and made an application to the BTRC on August 27 in 2017 praying for allocating frequency for running the Television Channel.
As the application was not considered, the petitioner finally filed a writ petition with the High Court.
In the hearing, Late Barrister Moudud Ahmed submitted that in section 55 of the Bangladesh Telecommunication Act, 2001, allocation of frequency is under the exclusive authority of Bangladesh Telecommunication Regulatory Commission.
He also submitted, “In section 56(8) of the said Act of 2001, it has been clearly stated that there is a prescribed time limit within which the commission shall dispose of an application for license or frequency or a technical acceptance certificate.
But in the instant case three years have passed since the petitioner placed his application for allocation of frequency and till date the Chairman of the BTRC has failed to allocate the frequency without any lawful reason.”

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