Govt gears up to give NTA committee legal status

KATHMANDU, FEB 15 -

A committee formed by the Ministry of Information and Communications as a temporary measure to take essential decisions at Nepal Telecommunications Authority (NTA) is likely to work until a new chairman is appointed at the telecom regulator.

The ministry is all set to give the committee—which was formed without following the due process provisioned by Telecommunication Act—a legal status.

Prime Minister Babu Ram Bhattarai, who is also law minister, has approved the Communications Ministry’s proposal to give legal power to the committee to take any decision at NTA in the absence of its chairman, according to a ministry source.

The authority has not been able to take decision on many crucial matters like license issuance and approval of voice, data tariff and license renewal of telecom operators and internet service providers. Taking these decisions requires NTA board’s approval in the absence of a chairman, according to NTA officials.

In order to award the chairman’s power to the committee, the Cabinet should first eliminate any difficulty in the process, as per the Act’s clause 60. And, after the Cabinet decision is published in Nepal Gazzate, the chairman’s power is formally handed over to the committee.

The ministry had formed the five-member committee last week using its executive power. The committee was formed for a provisional period to take only “essential decisions”. The committee comprises Senior NTA Director Ananda Raj Khanal and four board members Girindra Raj Adhikari, Mahesh Prasad Adhikari, Anil Kumar Dhungel and Dhana Raj Gyawali.

The government had to take the interim measure after the Supreme Court stayed the government’s decision to appoint Digambar Jha as NTA chairman. According to a Communications Ministry official, it will forward the proposal—awarding the committee the decision-making power—to the Cabinet soon after the approval of the Law Ministry.

Earlier, the Communications Ministry had proposed the Law Ministry three options—four board members would chair the board meeting on rotation basis; the senior-most board member would chair the meeting; and the senior-most NTA official would chair the meeting.

As per the Act, any order to be issued under the Clause 60 of the Act by the Communications Ministry has to be published in the Nepal Gazette after the endorsement of the Cabinet.

However, the formation of the committee and the government’s attempt to give it legal power have been criticised by the independent workers’ union at NTA. They said the government ‘is giving the committee formed against the law the power to take important decisions’.

Meanwhile, the committee is scheduled to hold a meeting on Friday and renew the licence of Nepal Satellite Telecom for the next five years. NTA Director Khanal said they would renew the licence as per the power given to them. The company’s licence is expiring on Saturday.

Source: The Kathmandu Post