threatening anonymous expression and privacy online. As above, since Governmentissued telecommunications service licenses are required for any entity to become a
service provider (s5), licensees are subject to suspension or termination of licenses for
failure to comply with Government requests to access user-identifying information (s57).
In particular:
Licensees must “make necessary preparations to enable a telecommunication service
to be utilised for security matters in accordance with the law.” (s78)
Moreover, Government authorities, “for defense and security matters of the State or
for the public interest, if necessary … may enter into the premises of the licensed
telecommunication services provider and inspect, supervise and request the licensee
to submit records regarding the services.” (s76)
Positive Aspects on Promoting Equality of Access to ICTs
Under the 2013 Telecommunications Law Myanmar Ministries may create programmes
for extending services to underserved areas of the country. The Myanmar Government
has shown readiness in practice to achieve equality of access to ICTs (see further
Chapter 3 on Sector-Level Impacts). For example:
President Thein Sein publicly noted the importance of strengthening
telecommunications access in rural areas. 92 In response, Ministry officials announced
a plan to allow purchase of SIM cards in installments, with the stated aim of
encouraging access for rural citizens 93. (The need for this was subsequently overtaken
by the introduction of competition in the market which led SIM Card prices to fall from
150,000 MMK to 1,500 MMK).
In March 2015 Myanmar joined the Alliance for Affordable Internet (AFAI). 94 AFAI’s
goal is to realise the “UN Broadband Commission’s target of entry-level broadband
priced at less than 5% of monthly income”. 95
In addition, each telecommunications Operator Licence includes the requirement that
after three years (assuming network rollout targets are met), the operator must
contribute 2% of annual revenue to a Universal Service Fund managed by MCIT that
is intended to subsidise the cost of telecommunications service in areas where
infrastructure deployment is not economically viable for network operators.
92
See: The Republic of the Union of Myanmar President’s Office, “Speeces and Remarks” (last accessed
August 2015).
93 Myanmar Times, “SIMs for sale by instalment in rural areas, says MPT” (8 October 2012).
94 An ICT sector coalition that focuses on combining advocacy, research, and knowledge sharing to influence
broadband policy.
95 Alliance for Affordable Internet, “Vision and Strategy” (last accessed August 2015).
CHAPTER 2:
ICT GOVERNMENT INSTITUTIONS, POLICIES & LEGAL FRAMEWORK
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