The Bangladesh Telecommunications Regulatory Commission (BTRC) has decided to impose a fine of Tk 15 lakh on Grameenphone, Robi and Banglalink for violating industry regulations.

Each operator will have to pay Tk 5 lakh for sending more than three promotional SMS messages per day to its customers, according to BTRC documents.

In a BTRC directive on data and related plans published last year, mobile operators were instructed not to send more than three promotional SMS messages per day.

The decision to penalize Grameenphone, Robi and Banglalink follows months of disputes between the BTRC and the operators over the issue.

The BTRC argued that sending more than three promotional SMS messages daily would constitute mental harassment for customers and that the operators’ violation would distort the image of the regulator.

However, operators claim that sending more than three SMS messages is necessary as the delivery rate of SMS messages to customers is less than 70% due to problems with handsets, inactive SIM cards and other reasons.

They also said that sending more than three promotional SMS messages daily was vital for them as it enables direct communication with customers regarding new AI-based products, services and personalized offers.

Additionally, this approach improves service diversification, facilitates product selection and promotes customer engagement by taking into account individual preferences and behaviors.

The BTRC first warned Grameenphone in late October last year and demanded an explanation in April this year as to why the company had to send more than three text messages a day to its customers.

The SMS delivery rate per customer averages about 68 percent due to system limitations, customer handset issues and other factors, Grameenphone explained in response.

For unsubscribed or inactive customers, the rate can go down to 30%. Therefore, to ensure that three SMS messages are received by customers, more than three must be sent, the operator said.

The BTRC also warned Banglalink last year and demanded an explanation in May this year.

In its response, the operator indicated that despite technical difficulties, it had taken measures to limit the daily distribution of promotional SMS messages.

However, it argued that the three SMS restriction hampers the promotion of new services and products in response to changing communication needs and growing customer demand.

Most of Banglalink’s customers are not 2G smartphone users and have limited access to digital promotion channels, making them cost-conscious buyers.

Therefore, Banglalink relies heavily on SMS to communicate with this segment, seeing it as an effective way to reach marginalized and non-smartphone users.

Banglalink argued that the application of the three SMS limit is discriminatory and deprives customers of suitable product offerings.

Robi was warned in late October last year and demanded an explanation in November that year for sending more than three text messages a day to customers.

Robi responded that sending promotional SMS is essential for service diversification, product selection and AI-based notifications. Robi also highlighted that its SMS platform operates separately from its data and voice platforms, making it technically impossible to limit the number of SMS messages sent.

Experts have raised questions about such micromanagement by the commission, particularly given the availability of Do Not Disturb (DND) service.

Mobile operators introduced the ability to block promotional SMS messages several years ago following instructions from the BTRC.

Customers can activate the DND service by dialing the short codes: Grameenphone (1211101#), Banglalink (1218*6#) and Robi/Airtel (*7#).

Abu Nazam M Tanveer Hossain, a telecommunications expert, said that while strict enforcement of laws and regulations is essential to maintaining governance and the rule of law, it is equally important that these regulations be logical, practical and add value.

“While promotional text messages can be disruptive, consumers have the opportunity to opt out,” he added.

Therefore, regulatory focus should prioritize critical issues such as deployment obligations, quality of service and promotion of competitive behavior rather than emphasizing less critical concerns like promotional messages, Hossain said.

“The BTRC is currently reviewing the current data directive. Imposing a fine based on the previous directive leaves enough room for review,” said Shahed Alam, Managing Director and Regulatory Officer of Robi Axiata PLC.