With the promulgation of the Telecommunications Law of October 8, 2013, Myanmar is seeing through its plan for wider economic development through the liberalisation of its telecommunications sector. The Telecommunications Law provides a broad-based framework governing the conduct of telecommunications-related activities in Myanmar. This article looks at several salient provisions of the Telecommunications Law.
Licence categories
No entity shall be permitted to provide, “network facilities” or “network services” in Myanmar unless a licence has been obtained from the Union Ministry of Communications and Information Technology (MCIT). “Network facilities” means “any element or combination of such elements of infrastructure, used for the provision of network services”. “Network services” means services pertaining to the “transmittal of information by any means of communication”.
Obligations of licensees
Apart from compliance with applicable laws, procedures and conditions upon which a licence has been granted, the licensee shall be obliged, among other things to (a) comply with the radio frequency spectrum plan approved under the Telecommunications Law; (b) apply for a licence/permission to provide additional services or to cooperate with other licensees; and (c) abide by MCIT’s instructions for network suspensions.
Spectrum and interconnection
MCIT shall determine a national frequency spectrum plan and shall prescribe rules and regulations on matters concerning access to and interconnection of network facilities.
Disputes settlement
The Telecommunications Law provides for a disputes settlement mechanism by which licensees may refer disputes arising from the operation or the provision of telecommunications services or network facilities or services to MCIT. A right of appeal against MCIT’s decision to a tribunal to be formed at the Union government level is also provided.
Alessio Polastri, Managing Partner and Karina Peng, Partner, Polastri Wint & Partners.
source: The Myanmar Times
http://www.mmtimes.com/index.php/business/8511-salient-provisions-of-the-telecommunications-law-legal-tax-insight.html
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