Bangladesh Telecommunication Regulatory CommissionIEB Bhaban, Ramna, Dhaka-1000, Bangladesh

No.14.32.0000.007.81.014.15.987 Date: 07ro6-2018

Subject: Response to the queries regarding the Regulatory and Licensing Guidelines forTower Sharing License.

Ref: (a) Letter ofElectropak Ltd bearing No.: NIl, dated: 04-06-2018;a) Letter of VEON bearing No.: Nil, dated: 23ro5-2018.(c) I,etter of Tanjib Alam & Associates bearing No.: NIl, dated: 03ro5-2018.(d) Letter of Integrated Services Ltd bearing No. : CCC/0518/02, dated: 03ro5-2018.(e) Response of BTRC bearing No.: 14.32.0000.007.81.014.15.741, dated: 30-04-2018.

With reference to the subject and letters mentioned above, this is to inform all the concernedentities that the Commission has perused the letters. Upon perusal, the Commission has prepared itsresponses which are as follows:

SlNo. Clause No. Queries Responses

1. 5.6 Are we to understand that The applicant or the foreign/NRBamong the other elements of partners/shareholders of the applicant shallexperience required as captured have to have minimum 3 (three) years ofunder clause 14, owning 5 (five) experience as an independent Licensed/thousand towers, and operating Authorized Tower Operator/ Companythe same continuously for 3 owning and providing successful Tower(three) years is a mandatory Services for at least 5 (five) thousandrequirement for the applicant oritsshareholders? towers on the date of application.

2. 5.6 Shareholders of large Tower The foreign/NRB partners/shareholders ofCompanies with global presence the applicant who are eligible according toand expansion motif generally the guidelines may form Special Purposecreate Special Purpose Vehicles Vehicles (SPV) Company for mobilizingfor mobilizing investment, investment. Other issues regardingcontrol, tax efficiency purposes company formation will be governed bythat are geographically centric. the guidelines and the response to theTherefore, similar approach mayneedtobetakenforBangladesh.Insuchcase,thespecificvehiclethatholdstherequisiteexperienceofashareholderofaprospectiveapplicantascapturedunderclause5.6ofthelicensingguidelines,andthenewproposedvehicleforBangladeshwillhavecommonholdingcompanyorparent.Therefore,inthecasementionedabovewouldthenewproposedvehicleforBangladeshfulfiltherequirementofexperienceunderclause5.6ofaforeignshareholderofaprospectiveapplicant? queries published on 30-04-2018.`.ul,

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Bangladesh Telecommunication Regulatory CommissionIEB Bhaban, Ramna, Dhaka-1000, Bangladesh

SlNo, Clause No. Queries Responses

3. 5 We would like to request An undertaking is not acceptable instead ofc larific ati on whether an a joint venture agreement. Please see theundertaking will carry the same r?sponse/ answer No. 1 of the ref. (e) forweight as an agreement/memorandumofunderstandingbetweenapotentialforeigninvestorandalocalentityintheevaluationprocess. further information.

4. 14.05 Can the Commission elaborate Tower Sharing Licensee shall not bewhat connect the tower to the permitted to build optical/wired backbonesystem entails taking due account transmission network under the Towerof that fiber optic connectivity isnotpartofthepermittedscope? Sharing License.

5. 14.06, 15.1 & Can the Commission elaborate The related provisions of the guidelines are22 on the approval process of tariffs very clear and self-explanatory. The

and confirm that rental prices forpassiveinfrastructurewillbebasedoncommercialnegotiationsbetweenthepartiesandwhereanysuchapprovalsarerequiredbylawthatsuchwillnotbeunreasonablywithheldordelayed? provisions of the guidelines shall prevail.

6. 16.02 Can the Commission confimi The licensee shall take tariff and servicethat prices can vary between approval from the Commission accordingAnchor Tenants, and other to the provisions as stated in Clause-22 ofsubsequent tenants in instances the Guidelines before providing anysuch as location on tower,volumeandadditionalservicesandthatsuchnormaldifferentiationwillnotconstitutediscrimination? services.

7. 18.01 Pursuant to the stated objectives The roll out and the roll back of towerof the award of Tower Sharing sharing services will be happenedLicenses, how does the simultaneously according to the provisionsCommission ensure that delays of the guidelines. However, theof such roll back do not result in Commission will closely monitor the rolla requirement for Tower Sharing out and roll back activities and mayLicenses to build additional provide necessary instructions in thistowers?Willdelay in roll back orsale/leasearrangementsbereflectedinTowersharinglicensecommencementandcoverageobligationtimelines? regard.ENEt `

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Bangladesh Telecommunication Regulatory CommissionIEB Bhaban, Ramna, Dhaka-1000, Bangladesh

SINo, Clause No. Queries Responses

8. 19.01 Social Obligation Fund -please The licensee shall pay Social Obligationclarify if this is of Gross Fund Subscription at the rate of 1% of theirRevenue or any adjusted annual audited gross revenue and it shallrevenue? b6 paid on a quarterly basis within the first

10 days at the end of each quarter.9. APPENDIX- e) That no shareholder/director The Mobile operators, BWA operators and

3 or a member ofhisther family of their direct shareholders are not eligible tothe Applicant(s) in the capacity apply for the license. In that case theof an owner, shareholder,directororpartnerofany othercompanyholdsANSOperator content will be as follows:

e) That no shareholder/director or alicense from Bangladesh member of histher family of theTelecommunication Regulatory Applicant(s) in the capacity of an owner,Commission. shareholder, director or partner of anyAccording to this statement it other company holds Mobile operator andseams that all the ANS operators BWA operator license from Bangladeshof Bangladesh are not eligible Telecommunication Regulatoryfor this license. Could youclarifythis? Commission.

The above response/ clarifications will be treated as the part of the Regulatory and LicensingGuidelines for Tower sharing License ovo.: 14.32.0000.007.81.014.15.480, 4-2018).

(S. M. Golain Sorwar)Deputy Director

Legal & Licensing DivisionTel: 02 9611111

Email: sorwar@,btrc.gov.bd