Telecom Tower-Site Sharing Agreements in Bangladesh

by Barrister Tahmidur Rahman | Oct 14, 2026

Technology, IP & DataShared infrastructure, coherent contracts9 min read

Telecom Tower-Site Sharing Agreements in Bangladesh

Telecom tower and site-sharing agreements for tower companies, mobile operators, investors and lenders in Bangladesh: we structure master agreements, site-level records, landlord leases, pricing and exit so a portfolio of shared sites can be operated, financed and transferred with confidence.

Telecom Tower-Site Sharing Agreements in Bangladesh: Telecom tower with TRW & Co
Matter planTechnology, IP & Data
  1. Review licences and sites
  2. Design the structure
  3. Draft and negotiate
  4. Implement and maintain
Overview

How telecom tower sharing works in Bangladesh

Telecom tower sharing lets several mobile operators and other licensees place equipment on the same tower, rooftop or ground site, reducing cost and the number of structures needed. In Bangladesh the passive infrastructure market has been shaped by BTRC's tower-sharing licensing, which allowed specialist tower companies to build, acquire and lease sites to operators. A telecom tower portfolio may include thousands of sites, each with its own landlord, power arrangement and tenants. We advise on the agreement architecture that ties these together, as part of our technology practice in Bangladesh. Each site has its own legal risks.

The regulatory frame starts with the Bangladesh Telecommunication Act 2001 and the licences and directions issued by the Bangladesh Telecommunication Regulatory Commission. Tower companies, mobile operators and other infrastructure licensees each hold licences with conditions on sharing, pricing transparency, non-discrimination, reporting and coverage. Licensing policy has been under review since 2025, with reforms aimed at restructuring licence categories, so parties should expect change during a long-term agreement. We check the current licence conditions of each party and draft regulatory change clauses that let a telecom tower arrangement adjust without collapsing or triggering disputes over who bears the cost.

Most arrangements combine a master agreement with site-level documents. The master agreement sets general terms on access, fees, service levels, maintenance, insurance, liability and term. Each site then needs an order or site licence recording the location, structure, space and loading allocated, power supply, access rights and the underlying landlord lease. Where those records are incomplete, disputes arise over which equipment is permitted, who pays for upgrades and whether a site may be decommissioned. We build telecom tower documentation so the master terms and site records work together and can be audited by operators, investors and lenders.

Landlord arrangements are often the weakest link. Many sites sit on private rooftops or leased land, and the tower company's rights depend on lease terms, registration, renewal options and the landlord's own title. Building approvals, local authority requirements and neighbour complaints can also affect a site. When a portfolio is sold or financed, buyers and lenders will test whether site leases are valid, assignable and long enough. We advise on lease templates, title checks, registration and stamp duty points, and coordinate with our real estate team on land and building questions. Lease weaknesses also affect financing.

Telecom tower agreements are also commercial and financial instruments. Pricing usually combines base fees with charges for additional tenants, equipment loading, power and upgrades, and may include indexation and currency provisions. Portfolio acquisitions, sale-and-leaseback transactions and financing require consents, assignment rights, step-in rights and clear exit terms. Barrister Tahmidur Rahman leads our infrastructure transaction work, drawing on finance and foreign investment experience, while Adv Syed Wahid advises where site, landlord or operator disputes move towards litigation. We work with counsel in the UK, US, UAE, Singapore, China and India on cross-border telecom tower deals. Each deal needs careful coordination.

01 · What we handle

Core workstreams

  • Master agreement architecture
  • Site records and orders
  • Landlord leases and title
  • Pricing, power and change governance
02 · How it runs

Four clear stages

  1. 01Review licences and sites
  2. 02Design the structure
  3. 03Draft and negotiate
  4. 04Implement and maintain
03 · Start here

Talk to a partner

Consultations in Dhaka or by video. Scope, team and fees are agreed in writing first.

Book →
How we help

What our tower-sharing work covers

Workstream 01Technology, IP & Data

Master agreement architecture

  • Review licences and sites
  • Design the structure
  • Draft and negotiate
  • Implement and maintain
Workstream 02Technology, IP & Data

Site records and orders

  • Review licences and sites
  • Design the structure
  • Draft and negotiate
  • Implement and maintain
Workstream 03Technology, IP & Data

Landlord leases and title

  • Review licences and sites
  • Design the structure
  • Draft and negotiate
  • Implement and maintain
Workstream 04Technology, IP & Data

Pricing, power and change governance

  • Review licences and sites
  • Design the structure
  • Draft and negotiate
  • Implement and maintain
Workstream 05Technology, IP & Data

Regulatory and licence alignment

  • Review licences and sites
  • Design the structure
  • Draft and negotiate
  • Implement and maintain
Workstream 06Technology, IP & Data

Portfolio deals, financing and exit

  • Review licences and sites
  • Design the structure
  • Draft and negotiate
  • Implement and maintain
01

Master agreement architecture

We draft and negotiate master lease or site-sharing agreements between tower companies and operators, covering access, fees, service levels, maintenance, power, insurance, liability, term and renewal. We set a clear hierarchy between master terms, site orders, technical schedules and operating procedures, so that a conflict between documents can be resolved predictably rather than through extended argument between the parties. We also align definitions across documents.

02

Site records and orders

We design site order templates that record each location, structure, allocated space and loading, equipment, power arrangement, access rights and landlord lease reference. For existing portfolios we review site files against the master agreement, identify gaps, and recommend remediation so that operators, investors and lenders can rely on the records during audits, transfers and financing reviews. Gaps are ranked by commercial and legal risk.

03

Landlord leases and title

We prepare and review rooftop and ground leases, check landlord title and authority, and advise on registration, stamp duty, renewal options, assignment and access during the term. We also address building approvals, structural safety documentation and neighbour complaints, which can affect the long-term security of a telecom tower site and its value to the tower company. We flag sites needing urgent attention first.

04

Pricing, power and change governance

We structure pricing models for anchor and additional tenants, equipment loading, power supply and upgrades, together with indexation, currency and payment terms. We draft change processes for new equipment, technology upgrades, relocations and decommissioning, so that site changes are approved, priced and documented in a consistent way across the whole portfolio over the agreement's life. Each change leaves a clear audit trail.

05

Regulatory and licence alignment

We review each party's BTRC licence conditions on sharing, non-discrimination, reporting and pricing, and align the agreements with them. We also draft regulatory change clauses covering new licensing frameworks, directions on infrastructure sharing and changes in fees or taxes, so long-term telecom tower arrangements remain workable as Bangladesh's telecom policy continues to evolve. We revisit these provisions when policy changes.

06

Portfolio deals, financing and exit

We advise on acquisitions and sales of tower portfolios, sale-and-leaseback structures, carve-outs from operators and financing. Our work covers due diligence on site agreements and leases, consents and assignment, lender step-in rights, transitional services and exit provisions on expiry, termination, licence loss or change of control, including equipment removal and site handover arrangements. Each step is coordinated with lenders' counsel.

RecognitionThe Legal 500Asia Pacific ranks Tahmidur Remura Wahid (TRW) Law Firm for dispute resolution in Bangladesh.
Cross-border reach6 jurisdictionsMatters coordinated with counsel in the UK, US, UAE, China, India and Singapore.
Bar and admissionsDhaka and LondonBarristers and advocates in Bangladesh, with a solicitor of England and Wales (non-practising).
HeadquartersDhakaHouse 410, Road 29, Mohakhali DOHS. Consultations in person or by video.
Who leads this work

Partner-led, on every matter.

Technology, IP & Data matters at TRW are led by partners, supported by associates, with one responsible lawyer from first advice to final outcome.

Meet the firm →
01

Who regulates telecom tower sharing in Bangladesh?

The Bangladesh Telecommunication Regulatory Commission regulates telecommunications under the Bangladesh Telecommunication Act 2001, including the licensing of tower-sharing companies and the conditions attached to operator licences. Licence terms may cover infrastructure sharing, non-discrimination, pricing, reporting and quality of service. Policy on telecom licensing has been under review since 2025, so parties should check current licence conditions and any new directions before signing long-term agreements. We review the licences of each party and advise how the telecom tower agreement should reflect them and respond to later regulatory change. Early review prevents costly renegotiation once equipment is already installed on site.

02

Why do telecom tower agreements need both master terms and site orders?

The master agreement sets general commercial and legal terms that apply across many sites, while each site order records the facts that differ from site to site: location, structure, space, loading, equipment, power, access and the landlord lease. Without accurate site orders, it becomes difficult to prove what each tenant may install, what it should pay and what happens when a site is upgraded or decommissioned. A good telecom tower structure keeps the master terms stable while allowing site records to be updated through a controlled and auditable process. A single site register helps.

03

What happens if the landlord of a tower site sells the building?

The answer depends on the lease terms, registration and the buyer's knowledge of the lease. A registered lease with clear terms is generally easier to enforce against a new owner than an informal arrangement. Problems often arise where leases are unregistered, signed by someone without authority or silent on transfer. We review lease documentation and title, advise on registration and notices, and include provisions requiring landlords to bind successors. For existing telecom tower portfolios, we prioritise sites where lease weaknesses most threaten service continuity. Ask each landlord to sign a short acknowledgement of the lease that confirms its terms.

04

How should power costs be handled in a telecom tower agreement?

Power is often one of the largest operating costs, combining grid supply, generators, batteries and sometimes solar. Agreements may use a fixed charge, a pass-through of actual costs, or a hybrid with efficiency incentives. Each approach allocates risk differently when fuel prices, tariffs or outage patterns change. We draft power provisions that define supply obligations, metering, cost calculations, audit rights and consequences of outages, so operators and tower companies can predict costs and resolve disagreements using shared data rather than estimates prepared separately by each side. Clear data also supports fair renegotiation when market conditions change significantly.

05

Can a mobile operator sell its towers to a tower company and lease them back?

In principle yes, subject to licence conditions, regulatory requirements and the terms of existing site leases. A sale-and-leaseback typically involves transferring the passive infrastructure and site rights to a tower company and signing a long-term master agreement for the operator's continued use. Key issues include valuation, consent from landlords, transfer of permits, employee and contractor arrangements, and protection of the operator's service continuity. We advise on structure, due diligence, regulatory engagement and the transaction documents for a telecom tower sale-and-leaseback in Bangladesh. Service level protections should be agreed before any assets or staff move across.

06

What due diligence do buyers and lenders carry out on a telecom tower portfolio?

They usually review the tower company's licence, master agreements with operators, site orders, landlord leases, title, building approvals, power arrangements, insurance and pending disputes. They will check assignment and change-of-control restrictions, remaining lease terms and renewal options, and whether revenue depends on a small number of operators. Where records are incomplete, they may price in risk or require remediation before closing. We conduct and support legal due diligence, prepare reports focused on material risks and help sellers organise site documentation in advance of any process. A well-organised data room shortens the process and reduces price chipping.

07

How are disputes between tower companies and operators usually resolved?

Many master agreements provide for escalation between management teams, followed by expert determination for technical or billing issues and arbitration for wider disputes. Arbitration seated in Dhaka is governed by the Arbitration Act 2001, and foreign awards can be enforced under the same Act. Some issues may also involve BTRC, particularly where licence conditions or service continuity are affected. We advise on dispute clauses at the drafting stage and represent clients in disputes through our dispute resolution practice, aiming to resolve them without interrupting service. Interim arrangements should keep equipment running while any disagreement is resolved.

08

What should exit provisions in a telecom tower agreement cover?

Exit provisions should deal with expiry, early termination, licence revocation, change of control and insolvency. They should cover notice periods, removal of equipment, restoration of the site, handling of landlord leases, outstanding payments and transitional arrangements to protect network coverage. Where a tower company fails, operators may want step-in rights or the ability to take over critical sites. We draft exit provisions that balance continuity of service for operators and customers with fair treatment of the tower company's investment and lenders' security over the portfolio. Clear handover procedures avoid disputes over equipment left behind at expiry.

How a matter runs

From first call to resolution.

  1. 01

    Review licences and sites

    We review each party's BTRC licence, existing agreements and a sample or full set of site files, identifying regulatory constraints, record gaps and lease issues relevant to the telecom tower arrangement. We then agree priorities with the client.

  2. 02

    Design the structure

    We propose the master agreement, site order templates, landlord lease forms and change procedures, and agree commercial principles on pricing, power, service levels, liability and exit with the client. Key terms are recorded in a term sheet.

  3. 03

    Draft and negotiate

    We prepare and negotiate the agreement suite with counterparties, landlords, investors or lenders, coordinating technical schedules with engineering teams and foreign counsel on cross-border transaction or financing points. Open points are tracked in one shared issues list.

  4. 04

    Implement and maintain

    We support site migration, record remediation and consents, then advise on upgrades, new tenants, regulatory changes and disputes, keeping the telecom tower documentation current throughout the portfolio's life. We also support periodic portfolio audits.

“Demonstrates an extraordinary command over both domestic litigation and international arbitration.”

The Legal 500 Asia Pacific, Bangladesh: Dispute resolution, client feedback

FAQ

Questions, answered.

Still unsure? Email info@trw.co with a short outline of the matter.

What is a telecom tower sharing agreement?
A telecom tower sharing agreement allows one or more telecom licensees to install and operate equipment on a tower, rooftop or site owned or controlled by another party, usually a specialist tower company or another operator. It sets out access rights, space and loading, fees, power, maintenance, service levels, liability and exit. In Bangladesh it must also fit the BTRC licence conditions of both parties and the underlying landlord lease for each site in the portfolio. Clear drafting helps avoid disputes when sites are upgraded, transferred or financed.
What is the difference between passive and active sharing?
Passive sharing covers physical infrastructure such as towers, shelters, power systems and security. Active sharing covers network elements such as antennas, radio equipment or spectrum. Active sharing usually raises more regulatory questions because it affects network control, competition and spectrum use. Most telecom tower agreements focus on passive sharing, although some include provisions for limited active sharing where the operators' licences and BTRC directions allow it. Where active sharing is proposed, we review spectrum and competition questions with the operators before drafting, and check whether specific regulatory consent is required.
Do tower site leases need to be registered?
Many leases of land or buildings for terms above a certain length must be registered under Bangladesh's registration laws, and stamp duty applies. Unregistered leases can be harder to enforce, especially against a new owner of the property. The right approach depends on the lease term, the type of property and the parties. We advise on registration, stamp duty and practical steps to strengthen site security, including for existing rooftop sites. Where many rooftop sites rely on informal arrangements, we help prioritise which leases to formalise first based on revenue, coverage importance and the landlord's position.
Can an operator install additional equipment on a shared site?
Usually only through the agreed change process. The master agreement and site order should state what equipment is permitted, the loading limits and how requests for additional equipment are assessed, priced and approved. Unauthorised installations can cause structural risk, power shortfalls and billing disputes. We draft clear upgrade and change procedures so new equipment is approved, documented and charged consistently across sites. These procedures also give tower companies a fair basis for charging for extra loading and help operators plan rollouts with confidence about costs and timing.
How long do telecom tower agreements usually last?
Master agreements are typically long-term, often running for many years with renewal options, because tower companies need predictable revenue to justify investment and financing. Site orders may have their own terms linked to landlord leases. Long terms make regulatory change, indexation, technology upgrades and exit provisions especially important, since circumstances will change during the agreement and the parties need a fair way to adapt. Clear review points, such as periodic price resets or technology reviews, help both sides adjust without needing to reopen the whole agreement or threaten termination.
Can foreign investors acquire a telecom tower company in Bangladesh?
Foreign investment in telecom infrastructure is possible, subject to licensing conditions, any ownership requirements attached to the licence, BTRC approvals for transfers of shares or control, and investment registration now handled through Invest Bangladesh. Foreign exchange rules affect repatriation of dividends and loan repayments. We advise foreign investors on the approvals, structure and documentation needed for a telecom tower acquisition. Early structuring advice helps avoid delays at the approval stage, and lets investors plan financing, management arrangements and exit routes from the outset.
What insurance should a tower sharing agreement require?
Agreements usually require property insurance for towers and equipment, public liability cover for injury or damage to third parties, and sometimes business interruption cover. They should state who insures which assets, minimum cover levels, how claims are handled and how responsibility is allocated after storms, fire or structural failure. Insurance clauses should be consistent with liability and indemnity provisions elsewhere in the agreement. We also check that insurers' requirements are realistic for remote sites and that evidence of cover can be produced quickly when operators or lenders ask for it.
Can TRW review our existing tower portfolio documentation?
Yes. We review master agreements, site orders and landlord leases across a portfolio or a representative sample, identify gaps, inconsistencies and high-risk sites, and recommend remediation. This is often useful before a sale, financing or renegotiation with operators. We can also prepare a remediation plan that prioritises the most valuable or vulnerable sites first, so effort goes where it makes the most commercial difference. You can contact our Dhaka office to discuss the scope and timing of a review.

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