Page 34 of 82 (i) that person or organization alone controls all the apparatus of that system; (ii) all the message and information transmitted by that system are used only by the that person or organization; and (iii) (c) no radio apparatus is used in that system; installation of a terminal apparatus in the telecommunication network of an operator; (d) establishment of a telecommunication system or providing telecommunication service by the Police, Bangladesh Rifles, Coast Guard, any of the defences forces or any other security force specified by the Government for its own requirement ; (e) telecommunication system established, used, or telecommunication services provided, by the Ministry of Foreign Affairs or any intelligence agency of the Government for its own requirement ; (f) telecommunication system established in, or used by, a battle-ship or defence-aircraft engaged in state affairs. 36. Exclusive authority of Commission to issue licence and its procedure.- (1) The Commission shall have exclusive authority to issue licence for activities specified in clauses (a) to c) of section 35(1), and to obtain such a licence, an application is to be submitted to the Commission. (2) The Commission may, in accordance with the provisions of this Act, allow or disallow an application submitted to it under sub-section (1); while considering such application, the Commission shall, among others, consider the following aspects:(a) whether the applicant is disqualified under sub-section (3); (b) whether he has sufficient financial capacity to operate the activities for which the application has been submitted, and whether he is likely to acquire the space for necessary installations and whether efficient manpower will be available; (c) how far the issuance of the licensee applied for will be consistent with the broad objectives of the Commission specified in section 29; BTRC-TelecomLaw2001.doc 34 - 34 -

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