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39.
Amendment of conditions of licence.- (1) The Commission may, for the
purposes of this Act, amend any condition of any licence issued under this Act by way of
alteration substitution, addition, omission or other modification.
(2)
Where the Commission, on its own initiative, directs any amendment in
the conditions of a licence, it shall serve a notice on the licensee informing him of the
reasons for the proposed change and also directing him to submit his reply, within 15
(fifteen) days; and if any reply is submitted, the Commission shall, consider it and take
its decision within a period not exceeding 30 (thirty) days thereafter.
(3)
The Commission may also, upon application, amend any condition of a
licence which it considers proper.
40.
Restrictions
on
according
commercial
permission
for
use
of
telecommunication system.- (1) An operator shall not, without a permit issued by the
Commission, accord permission to any other person or allow him, on commercial basis
or in lieu of fees, price or other consideration, to use his telecommunication system or
any installation or apparatus or facility by which telecommunication services can be
provided.
(2)
Where an operator applies for a permit mentioned in sub-section (1), the
Commission may allow the application and issue a permit if, after necessary inquiry, it is
satisfied that the permit applied for will not adversely affect the telecommunication
system or the providing of its services, and may also impose such conditions as it
considers appropriate in any particular circumstances; the permit so issued shall remain
valid for a period specified therein.
(3)
Where a condition mentioned in the permit issued under sub-section (2) is
violated, the Commission may at any time cancel the permit.
(4)
An operator commits an offence if he contravenes the provision of sub-
section (1), and for such offence he shall be liable to be sentenced(a)
in the case of a first offence, to imprisonment for a term not
exceeding 3 (three) years, or to a fine not exceeding 3 (three) lac
taka, or to both;
(b)
in the case of each subsequent offence, to imprisonment for a term
not exceeding 5 (five) years or to a fine not exceeding 5 (five) lac
taka or to both.
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