Myanmar enacted the Telecommunications Law on 8 October 2013 to support national and telecommunications development, followed by related rules.

The law defines telecommunications as transmitting or receiving information, in its original or modified form, by wire, fibre or another conductor, or by radio waves, light or another form of electromagnetic emission.

Domestic and foreign operators have been licensed to provide nationwide mobile services. These licences permit the activities allowed under network facilities, network service and application service licences, together with telecommunications using spectrum, a scarce resource. To serve mobile users and ensure sustainable development, only four nationwide mobile licences have been issued. Other telecommunications service licences have been granted to 280 domestic and foreign companies at the time of the source article.

Types of Telecommunications Service Licences

Under the law and rules, organisations and individuals wishing to provide telecommunications services must obtain permission and a licence appropriate to their activities. Four categories are available:

(a)Network Facilities Service (Individual)

(b)Network Facilities Service (Class)

(c)Network Service

(d)Application Service.

A Network Facilities Service (Individual), or NFS(I), licence is required to build and maintain terrestrial fixed-line transmission facilities, terrestrial radio transmission facilities, mobile base-station facilities, submarine cable facilities, international gateway facilities, satellite earth stations and other satellite facilities in Myanmar that provide transmission capacity, or to use those facilities to provide telecommunications services.

An NFS(I) licence is also required to lease all or part of network capacity to other licensees, including application service and network service providers, or to provide public or private telecommunications services.

For example, fibre-based internet services (FTTX) and satellite communications services require an NFS(I) licence.

A Network Facilities Service (Class), or NFS(C), licence is required to build, operate and maintain passive infrastructure such as towers, masts used for transmitting and receiving signals, ducts, trenches, poles and dark fibre, and to lease that infrastructure to NFS(I) and other licensees.

Investors building passive infrastructure to lease to operators, NFS(I) licensees and other service companies require an NFS(C) licence. Companies working as subcontractors do not need their own NFS(C) licence for that role.

A Network Service licence is required for services that need to lease international transmission capacity or use numbers under the Numbering Rules, including resale of wireline connections, international and domestic network transport and switching services, and resale of international gateway services.

For example, a Voice over IP service assigning telephone numbers requires a Network Service licence and an application for numbering rights. Network Service licensees may operate services using telecommunications numbers, but may not operate services using spectrum as a scarce resource.

Except for switches, routers and equipment required to provide their services, they may not construct, maintain or operate network facilities. They must obtain fibre routes, masts, ducts, trenches, poles and dark fibre from NFS(I) or NFS(C) licensees.

An Application Service licence is required for public payphones, public switched data, audiotext hosting, directory services, internet service provision, public internet access centres, messaging, private-line voice or data and value-added services.

Examples include caller ring-back music, football, astrology and weather information services, and providing internet to end users using transmission capacity obtained from domestic NFS(I) or Network Service licensees.

Like Network Service licensees, Application Service licensees may not build, maintain, operate or provide network facilities and infrastructure, apart from the switches, routers and operational equipment needed for their services. They must lease passive infrastructure from NFS(I) and NFS(C) licensees. They may not use telephone numbers or spectrum as scarce resources.

International Gateway Services

Those wishing to bring international bandwidth capacity across the border to provide telecommunications in Myanmar must apply for international gateway authorisation.

The Licensing Rules 2014 define an international gateway service as constructing and operating a network facility to provide telecommunications enabling international communications and connectivity between Myanmar and one or more overseas connection points.

NFS(I) licensees wishing to operate such international gateway services must apply for permission to add the activity to their existing licence.

Licence Terms and Renewal

The Licensing Rules 2014 allow terms ranging from five to 20 years. All licensees, including mobile operators, are being granted 15-year terms. Renewal applications may be submitted no earlier than 24 months and no later than 12 months before expiry.

This article explains which licence is needed for each activity so that service providers do not operate without the relevant licence, whether knowingly or unknowingly. Operating without a required licence may lead to action under section 65 of the Telecommunications Law and other applicable laws and rules.

Maung Kaung Chit (PTD)