PTA May Penalize PTCL if Quality of Service isn’t Enhanced

Pakistan Telecommunication Authority has given PTCL a time duration of 6 months to improve quality of service to avoid strict legal action of the authority as per the law.

This penalty would be resultant of PTA’s show cause notice to PTCL on February 4th, 2010.

Background:

PTA’s February 4th, 2010th show cause notice was issued to PTCL based on the results of a nationwide quality of service survey. Results were as following:

PTCL_Survery

PTA termed these results below the benchmark defined by the authority and issued a show cause notice to PTCL.

In response to which, PTCL responded multiple times to entertain PTA’s queries, but apparently authority wasn’t convinced and it passed an order against PTCL to enhance its services or to face the action.

Confusion in Determination:

In a PTA order, published on PTA’s website, two members of the authority ordered 6 months as notice period for PTCL to enhance its services, while the PTA chief contracted both the members and said that 29 days are enough for the PTCL to improve service quality.

Members PTA Ordered:

The Authority has considered the submissions of the licensee and took a lenient view for this time and decided to dispose of the show cause notice dated 4th February, 2010 in the following terms:

– Since the licensee has failed to satisfy the Authority on the aforementioned contraventions made by it regarding mandatory level and standards of Quality of Service, however, keeping in view the difficulties being faced by it and the progress made so far on this account after the issuance of show cause notice, the licensee is, therefore, directed to remedy the aforementioned contraventions by bringing and maintaining the required standards of quality of service within six (06) months of the issuance of this order.

In case of failure strict legal action will be initiated against the licensee under the provisions of the Act, the rules/regulations and the license conditions.

While on other hands Chairman PTA said:

Since, the Authority is unanimously not satisfied with the reply of the licensee and has reached to the conclusion that the licensee has failed to provide the QoS to its customers as per the standards laid down in license and the regulations on the subject, therefore, I disagree with the enforcement order passed by both the members for granting six month time for remedying the contraventions.

I am of the view that the enforcement order should be passed according to the rules and regulations.

According to rule 9(4) of Pakistan Telecommunication Rules, 2000 if the Authority is not satisfied, it can grant time to the licensee for remedying the contravention which shall be less than thirty days from the date of service of the enforcement order.

In the instant case the time period should be less than thirty days. Secondly, grant of six months period to the licensee will create discrimination in the circumstances that the Authority has already passed orders against five mobile operators on the issue of poor QoS and required them to remedy the contravention within twenty nine days.

You can download PTA’s Determination by clicking this link (PDF File – 208 KB)