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.

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.

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.

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.

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.

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.

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.

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.